HV 9079.P«r5" ""'""'""' ^'""'^ iiiiSSn *'°" °' '''^ '^** relating to u 3 1924 013 948 983 LEGISLATIVE REFERENCE BUREAU A COMPILATION OF THE Laws Relating to Juvenile Courts mp Dependent, Neglected, Incorrigible and Delinquent Children PKEPARED Br JOHN H. FERTIG AND S. EDWARD HANNESTAD UNDER J'HE DIRECTION OF JAMES N. MOORE, DIRECTOR HAREISBUEG, PA.: WM. STANLEY KAY, STATE PBINTBE 1916 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924013948983 LEGISLATIVE REFERENCE BUREAU A COMPILATION OF THE Laws Relating to Juvenile Courts Dependent, Neglected, Incorrigible and Delinquent Children PREPARED BY JOHN H. FERTIG AND S. EDWARD HANNESTAD UNDER THE DIRECTION OF • JAMES N. MOORE, DIRECTOR HAREISBURG, PA.: WM. STANLEY RAY, STATE PRINTER 1916 ^^ >^ PREFACE. This compilation was prepared under the provisions of the Act of May 14, 1915 (Pamphlet Laws, Page 474), which authorizes the Legis- lative Reference Bureau "to continue the work commenced by it under the provisions of an Act, approved the twentieth day of May, one thousand nine hundred and thirteen, entitled 'An act directing the Legislative Reference Bureau to prepare compilations or codes, by topics, of the existing general laws of this Commonwealth, for adoption or rejection by the General Assembly ; fixing the compensa- tion of the assistant director, and making an appropriation there- for.' » The topic for this compilation was suggested by the Governor in Veto number 195 and published in "Vetoes by the Governor of Bills and Resolutions passed by the L^islature, Session of 1915," page 460, which veto is as follows: j, "I file herewith, in the oflSce of t^e Secretary of the Commonwealth with my objection. Senate bill NoQ- 7S0, entitled 'A joint resolution authorizing the appointment of a comnjission to consider the revision and amendment of the laws of the State, penal and otherwise, in reference to juvenile courts, and all offenses or crimes committed by minors, and the punishment thereof, and to make a report on the same, and making an appropriation to the expenses of said commission.' "This joint resolution provides for a commission of seven to study and report upon all laws relating to juvenile offenders, juvenile courts, and crimes committed by minors. It carries an appropriation of $5,000. "This work can be done and well done by the Legislative Reference Bureau, with the advice and assistance of the' Attorney General. To expend the sum here suggested through a commission is unnecessary. "For these reasons this bill is not approved." We shall be gratified if the person into whose hands this compila- tion comes will read it carefully, criticize it fully and freely and send any resulting suggestions or recommendations to the Bureau. LEGISLATIVE REFERENCE BUREAU. April 1, 1916, Harrisburg, Penn'a. OONTIONTS. Page. 1. Table of Contents, 7 3. Lavs Relating to Juvenile Coarts and Dependent, Bte., Children, 3. Chronological Table of Statutes in Text, 107 TABLE OF CONTENTS. Sections. I. Establishment of Juvenile Courts; jurisdiction and powers, 1- 8 II. Probation and other officers and employes of juvenile courts; sal- aries, 9-13 III . Houses and rooms for the detention of juvenile offenders and depend- ent and neglected children prior to hearing and commitment, .... 14- S3 IV. Proceedings in Juvenile Courts . Hearings. Commitment. Appeals. €oste, 34-54 V. liability for cost of commitment, maintenance and instruction of ju- venile offenders, and indigent, neglected and dependent children, 55- ^ VI. Homes, schools, societies, institutions, houses of correction and re- formation, and reformatories for the care, custody, control and education of delinquent, dependent and neglected children, 65-170 (a) State institutions, 65-114 (1) Pennsylvania Industrial Reformatory at Hunting- don, 65-86 (2) Pennsylvania Training School at Morganza, .... 87-99 (3) State Industrial Home for Women at Muncy. Sta- tion, 97-114 (b) Semi-State institutions, 115-128 (1) Glen Mills School, 115-128 Cc) County schools and county industrial homes, 129-150 (1) County schools for the care, maintenance and in- struction of male children committed by Juvenile Courts, 129-138 (2) County schools for the care, maintenance and in- struction of female children committed by Juve- nile Courts, 139-149 (3) County industrial homes for the care and training of children, 150 ^ 1) Municipal institutions, 151-159 (1) House of Correction, Employment and Reforma- tion of Philadelphia, 151-159 (e) Miscellaneous institutions 160-170 (1) Homes for friendless children, 160-164 (2) Philadelphia Protectory, 165-166 (3) Incorporated societies, 167-170 Yll. Detention, control and boarding out of delinquent, dependent and neglected children, 171-176 VIII. Employment of inmates of reformatory and correctional institutions, 177-198 (7) Sections. IX . Placing out and identuriug of children . Return of children, 197-201 X . Visitors and visitation of institutions in which delinquent, dependent and neglected children are committed . Reports, 202-214 XI. Miscellaneous provisions relating to institutions, ~ 215-223 XII. Miscellaneous penal provisions, 224-230 ESTABLISHMENT OP JUVENILE COURTS. JURISDICTION AND POWERS. 1. PREAMBLE. CAUSES LEADING TO THE ESTABLISH- MENT OF JUVENILE COURTS. WHEREAS, The welfare of the State demands that children should be guarded from association and contact with crime and criminals, and the ordinary process of the criminal law' does not provide such treatment and care and moral encouragement as are essential to all children in the formative period of life, but endangers the whole future of the child; , AND WHEREAS, Experiefnce has shown that children, lacking proper parental care or guardianship, are led into courses of life which may render them liable to the pains and penalties of the criminal law of the State, although in fact the real interests of such child or children require that they be not incarcerated in penitentia- ries and jails, as members of the criminal class, but be subjected to a wise care, treatment and control, that their evil tendencies may be checked and their better instincts may be strengthened; AND WHEREAS, To that end, it is important that the powers of the courts, in respect to the care, treatment and control over depend- ent, neglected, delinquent and incorrigible children, should be clearly distinguished from the powers exercised in the administration of the criminal law. Preamble to Act of April 23, 1903, P. L. 274. This act was held constitutional in Commonwealth v. Fisher, 21S Pa., i8, affirming Same, 27 Sup. Gt., 175. The first act in Pennsylvania seeking to establish a special jurisdic- tion in the courts over juveniles was the Act of May 21, 1901, P. L. 279, by which act original jurisdiction in juvenile cases was given to the courts of oyer and terminer and the courts of quarter sessions ; and the judges of these courts were directed to designate one of their number to hear such cases. This act, however, was declared unconstitutional by the Superior Court in Mansfield's Case, 22 Sup. Ct., 22/,, and subsequently repealed by the Act of 1903 above (Sec. 12, Act of April 23, 1903, P. L. 274). 2. JUVENILE COURTS ESTABLISHED. JURISDICTION. CERTAIN WORDS DEFINED. JUVENILE COURTS HOW TO ■ BE HELD. RECORDS. The courts of quarter sessions of the peace, within the several counties of this Commonwealth, shall ha'-e and possess full jurisdiction in all proceedings which may be brought before them affecting the treatment and control of dependent, (9) neglected, incorrigible and delinquent children, under tlie age of six- teen years; and for the purpose of this act, the words "dependent child" aiid "neglected child" shall mean any child who is destitute, homeless, abandoned, or dependent upon the public for support, or who has not proper parental care or guardianship. The words "in- corrigible children" shall mean any child who is charged by its parent or guardian with being unmanageable. The words "delin- quent child" shall mean any child, including such as have hereto- fore been designated "incorrigible children" who may be charged with the violation of any law of this Commonwealth, or the ordinance of any city, borough or township. The powers of the court of quarter sessions of the peace, as pro- vided for in this act, may be exercised by any one or more judges of such court, who may be assigned for the purpose at a session of said court, which shall be known as the juvenile court; and all ses- sions of such juvenile court shall be held separate and apart from any session of the court held for the purpose of its general criminal or other business, and the records of the proceedings of such juvenile court Shall be kept in a docket, separate from all other proceedings of said court. See. 1, Act of April 23, 1903, P. L. 274. In the County of Philadelphia this jurisdiction is exercised by the Municipal Court of Philadelphia under Section 1 of the Act of June 17, 1915, P. L. 1017, infra section 6; and in the County of Allegheny by the County Court of Allegheny County under Section 1 of the Act of March 19, 1915, P. L. 5, infra section 4. No new court is created by this act, "and the ancient court of quarter sessions, which is older than all the Constitutions of Pennsylvania, is given thereby not greater but different powers from those "previously ex- ercised." Commonwealth v. Fisher, 21S Pa., JiS, 52, affirming same, 27 Sup. Ct. 175. 3. JURISDICTION AND POWERS OF JUVENILE COURTS. CONTROL OF JUVENILE OFFENDERS PENDING FINAL DIS- POSITION OP CASE. The powers of the court may be exercised: (1). Upon the petition of any citizen, resident of the county, setting forth that a child is neglected, dependent or delinquent, and is in need of the care and protection of the court. (2). Whenever any magistrate or justice of the peace, in com- mitting a child arrested for an indictable offence, shall certify that, in his opinion, the good of the child and the interests of the State do not require a prosecution upon an indictment, under the ciiminal laws of the Commonwealth. (3). Whenever, after return made by a magistrate of the pro» ceedings, upon the arrest of such delinquent child for an indictable 1 offence, the district attorney of the county, either before or after the indictment, shall certify that, in his opinion, the good of the 10 child and the interests of the State do not require a prosecution upon an indictment, under the criminal laws of this Commonwealth. (4). Whenever, upon the trial of any indictment of such delinquent child, the judge trying the cause is of opinion that the good of the child qnd the interests of the State do not require a conviction under the criminal laws of this Commonwealth. Upon the filing of any petition, as above set forth., or whenever the jurisdiction of the court has attached by the filing of a certificate of a, magistrate or justice, of the peace, or of the district attorney, or by the action of a judge, as above set forth, it shall be within the power of the judge, holding said juvenile court, to make all necessary orders for compelling the production of such child, and the attendance of the parents and all persons having the custody or control of the Child, or with whom the child may be ; and pending the final disposition of > any case, the child shall be subject to the order of the court, and may be permitted to remain in the control of its parents or the person having it in charge, or of the probation offtcer, or may be kept in some place provided by the State or county authorities, or by any associa- tion having for one of its objects the care of delinquent or neglected children, as the court may order. See. 2, Act of April 23, 1903, P. L. 274. See notes to the section immediately preceding. 3a. PEOCEEDINGS BY SCHOOL DIEECTOES AGAINST CEE- TAIN SCHOOL CHILDEEN. In case any child between eight and sixteen years of age cannot be kept in school in compliance with the provisions of this act, on account of incorrigibility, truancy, insu- bordination, or other bad conduct, or if the presence of any such child attending school is detrimental to the welfare of such school, on ac- count of incorrigibility, truancy, insubordination, or other bad con- duct, then, in any such case, the board of school directors of the proper district may, by its^ superintendent, supervising principal, secretary, or attendance officer, under such rules and regulations as said board may adopt, proceed against said child before the ju- venile court, or otherwise, as is now or may hereafter be provided by law for incorrigible, truant, insubordinate, or. delinquent children. See. 1438, Act of May 18, 1911, P. L. 309. 4. JURISDICTION OF THE COUNTY COURT OP ALLE- GHENY COUNTY. In all proceedings concerning dependent, delin- quent, incorrigible, or neglected children under the age of sixteen years, as defined by existing laws relating thereto, the county court of Allegheny County shall have exclusively all the jurisdiction and powers now vested in and exercised by the court of quarter sessions of the peace of said county, sitting as a juvenile court, or of any judge of said court sitting as a juvenile court judge; and all laws relating 11 to such jurisdiction and powers of the court of quarter sessions are hereby made applicable to the said county court. Said county court shall also have jurisdiction in all proceedings for the custody of children, where the court has acquired jurisdiction in matters re- lating to their maintenance. The judges of said county court, shall be ex-officio justices of the peace. Sec. 1, Act of March 19, 1915, P. L, 5, supplementing Act of May 5, 1911, P. L. 198. Prior to the passage of this act, the jurisdiction over juveniles in Alle- gheny County was in the court of quarter sessions of the county, under Section 1 of the Act of April 23, 1903, P. L. 274, supra section 2. 5. DESIGNATION OP JUDGE OF COUNTY COURT OF AL- X.EGHENY COUNTY TO HOLD JUVENILE COURT. The presid- ing judge of the court shall designate one member of the court to hold such juvenile court. The said judge shall be assigned to said court for a period of one year, or longer in the discretion of the presiding judge. Sec. 2, Act of March 19, 1915, P. L. 5, supplementing Act of May 5, 1911, P. L. 198. The "presiding judge" herein referred to is the presiding judge of the County Court of Allegheny County. 6. JURISDICTION. OP MUNICIPAL COURT OP PHILADEL- PHIA. The said court, hereby created, shall have jurisdiction in all criminal actions and suits for penalties, except that it shall not have jurisdiction in the trial of indictments for arson, burglary, murder, voluntary manslaughter, treason, or misprision of treason, or for violation or conspiracy to violate the election or registration laws of this Commonwealth, or for embezzlement by any public offi- cer, or any offense involving breach of official duties by any public officer: Provided, however. That nothing herein contained, and no exception to the jurisdiction of the said court herein set forth, shall be construed to deprive the said court of exclusive jurisdiction in those cases hereinafter in this section set forth.) The jurisdiction of the said Municipal Court shall be exclusive — [(a) In all proceedings brought against any husband or father, wherein it is charged that he has without reasonable cause separated himself from his wife or children, or from both, or has neglected to maintain his wife or children; and in all proceedings where any child of full age has neglected or shall neglect to maintain his or her parents, not able to work or of sufficient ability to maintain them- selves; and in all proceedings for the custody of children.] (b) In all proceedings concerning dependent, delinquent, or neglected children, as defined by existing laws relating thereto, which are hereby made applicable to proceedings in the Municipal Court. 12 (c) In all proceedings concerning, or trials of charges brought against, all persons, whether adults or minors, accused of disorderly street-walking. (d) In all proceedings concerning, or trials of charges brought against, all minors between the ages of sixteen and twenty-one years who shall disobey their parents' command, or be found idle in the streets, and against all disorderly children. (e) All children not_ under the age of sixteen years deserting their homes without good and sufficient cause, or keeping company with dissolute or vicious persons, against the lawful commands of their fathers, mothers, or guardians, or other person standing in the place of a parent, shall be deemed disorderly children. The judges of the said municipal court shall be ex-offlcio justices of the peace. When defendants are bound over for trial in any case, indictments may be presented against them before the grand jury in accordance with existing laws, which indictments may be tried either in existing courts or in the Municipal Court as the case may be: Provided, however, That if it shall be decided by the courts that provisions herein for exclusive jurisdiction in Municipal Court, or for abolishing preliminary hearings in certain cases, are unconstitu- tional, the intent of the Legislature is hereby expressed that said provisions only shall be void, and that all other provisions of this act shall be valid and enforceable. See. 1, Act of June 17, 1915, P. L. 1017, amending Sec. 11, Act of July 12, 1913, P. L. 711. Prior to the passage of the Act of July 12, 1913, P. L. 711, establishing the municipal court, the jurisdiction over juveniles in Philadelphia was in the court of quarter sessions under section one of the Act of April 25, 1903, P. L. 274, supra section 2. The juvenile court of Philadelphia is operated under and by virtue of Clause (b) of this section and takes cognizance only of cases affecting children under sixteen years of age, thus carrying out the purpose orig- inally established by the Act of April 23, 1903, P. L. 274, supra sections 2 and 3. Cases coming under Clauses (c), (d) and (e) of this section are heard in a separate court known as the "Misdemeanants' Court," and cover the cases formerly provided for in the Act of June 2. 1871, P. L. 1301, infra sections 151 to 159. These two courts are held at distinctly separate places in the City of Philadelphia. 7. DESIGNATION OF JUDGE OF MUNICIPAL COURT OF PHILADELPHIA TO HOLD JUVENILE COURT. The president judge of the court shall designate one member of the court to hold a juvenile court. The said judge shall be assigned to said court for a period of one year, or longer, in the discretion of the president judge. Part of Sec. 8, Act of July 12, 1913, P. L. 711. The president judge herein referred to is the president judge of the Municipal Court of Philadelphia . 13 8. PRELIMINARY HEARINGS' IN JUVENILE CASES IN PHILADELPHIA ABOLISHED. (In desertion and non-support cases and) in juvenile cases there shall be no preliminary hearings; but the person accused, or children involved, shall be immediately brought before the court for trial. Part of Sec. 13, Act of July 12, 1913, P. L. 711. This section relates to the Municipal Court of Philadelphia only. Preliminary hearings in juvenile cases in Philadelphia County are also abolished by Section 1, of the Act of June 15, 191S, P. I... 988, infra, section 11. IL PROBATION AND OTHER OFFICERS AND EMPLOYES OF JUVENILE COURTS. SALARIES. 9. APPOINTMENT OF PROBATION OFFICERS. SALARIES. DUTIES. The court shall appoint or designate one or more discreet persons, of good character, to serve as probation officers during the pleasure of the court. Said probation officers shall receive compen- sation to be fixed by the said court of quarter sessions of the peace. Such compensation shall not exceed one hundred dollars a month for each officer, and, in addition thereto, such expenses as may be hecessary and approved by said courts. Said compensation and ex- penses shall be paid monthly, at the end of each month, by the county treasurer, upon an order of the county commissioners approved by the president judge of said courts. And it shall be the duty of all probation officers, so appointed, to make such investigation as may be required by the court, to be present in court when the case is heard, and to furnish to the court such information and assistance as the judge may require, and to take such charge of any child, before and after trial, as may be directed by the court. Sec. 1, Act of April 1, 1909, P. L. 89, amending Sec. 3, Act of April 23, 1903, P. L. 274. For the appointment and salaries of probation officers in the counties of Allegheny and Philadelphia see section 3,. Act of March 19, 1915, P. L. 5, and section 1, Act of June 15, 1915, P. L. 988, infra sections 10 and 11. The court herein referred to is the Court of Quarter Sessions sitting as a juvenile court. 10. APPOINTMENT OF PROBATION OFFICERS IN ALLE- GHENY COUNTY. SALARIES. The presiding judge shall appoint a chief probation officer, whose salary shall not exceed three thou- sand dollars per year, and such additional probation officers as the in^ijoi'ity of the judges may determine, at salaries not exceeding fif. 14 teen hundred dollars per year, whose compensation shall be fixed by the majority of the judges of said court, and whose powers and duties shall be similar to those heretofore exercised by probation officers appointed by the court of quarter sessions of the peace of said county. In addition to such compensation, the probation officers shall receive such expenses as may be necessary and shall have been approved by the judge of the juvenile court. Said compensation and expenses shall be paid monthly, out of the treasury of Allegheny County, in the manner in which other county expenses are paid by law. ' Sec. 3, Act of March 19, 1915, P. L. 5, supplementing Act of May 5, 1911, P. L. 198. The "presiding judge" herein referred to is the presiding judge of the county court of Allegheny County. The section relates to the appoint- ment of probation officers in Allegheny County only. For appointment of probation officers in Allegheny County prior to the passage of this act, see section immediately preceding. 11. APPOINTMENT OF PROBATION OFFICERS AND EM- PLOYES IN PHILADELPHIA. PRELIMINARY HEARINGS IN JUVENILE CASES ABOLISHED. The president judge shall ap- point a chief probation officer, whose salary shall not exceed five thou- sand dollars (|5,000) a year, and such additional probation officers _and employes as he may determine, at salaries not to exceed two thousand five hundred dollars (|2,500) a year, whose powers and duties shall be similar to those heretofore appointed by the cour.t of quarter sessions of the peace for said county. There shall be no preliminary hearings in any cases affecting de- pendent, delinquent, or neglected children under the age of sixteen years, as defined by existing laws relating to such proceedings (which laws are hereby made applicable to proceedings in the municipal court) ; but such children shall be brought immediately before the judge of the juvenile court, and he shall hear and determine said cases, separately from each other, at such place and at such hours of the day or night as will, in the judgment of the president judge and of the judge of the juvenile court, be most conducive to the wel- fare of such children. Sec. 1, Act Qf June 15, 1915, P. L. 988, amending Sec. 9, Act of July 12, 1913, P. L. 711. The president judge herein referred to is the president judge of the municipal court of Philadelphia. The section applies to the county of Philadelphia only. See supra section 8, also abolishing preliminary hearings in juvenile cases in Philadelphia. For appointment of probation officers in Philadelphia prior to the es- tablishment of the municipal court, see supra section 9. 15 12. APPOINTMENT OF CLERKS, STENOGRAPHERS, ETC., IN CONNECTION WITH JUVENILE COURTS. The judges of the courts of quarter sessions of the peace within the several counties of this Commonwealth shall appoint such clerks, stenographers, and office assistants, in connection with the probation work of the juve- nile court, as shall, in the opinion of the. said judges, be necessary for the efBcient conduct of the said work. Sec. 1, Act of May 11, 1911, P.' L. 268, supplementing the Act of April 23, imi. P. L. 274. It would seem that this section does not apply to the counties of Alle- gheny and Philadelphia where the jurisdiction over juvenile offenders is conferred upon the county court and municipal court respectively, and which courts have power to make appointment of necessary officers. 13. SALARIES OF CLERKS, STENOGRAPHERS, ETC. The salary or compensation of all clerks, stenographers, and office assist- ants, so employed, shall be fixed by the judges of the court of quarter sessions of the peace in each county, not to exceed the sum of twelve hundred dollars a year for each such emp,loye, and shall be paid monthly, at the end of each month, by the county treasurer, upon an order of the county commissioners approved by said court. Sec. 2, Act of May 11, 1911, P. L. 268, supplementing Act of April 23, 1903, P. L. 274. III. HOUSES AND ROOMS FOR THE DETENTION OF JUVENILE OFFENDERS AND DEPENDENT AND NEGLECTED CHIL- DREN PRIOR TO HEARING AND COMMITMENT. 14. JUVENILE OFFENDERS, PENDING HEARING, NOT TO BE COMMITTED TO JAILS OR POLICE STATIONS, ETC. No child, pending a hearinng under the provisions of this act, shall be held in confinement in any county or other jail, police station, or in any institution to which adult convicts are sentenced. See. 7, Act of April 23, 1903, P. L. 274. This section refers to children under the jurisdiction of the juvenile courts only. As to the detention of children in general, section 1 of the Act of June 12, 1893, P. L. 459, provides as follows: "No child under restraint or conviction, under sixteen years of age, shall be placed in any apartment or cell of any prison or place of confinement, or in any court room during the trial of adults, or in any vehicle of transportation in company with adults charged with or convicted of crime." infra section 44. 15. POLICE MATRON TO BE PROVIDED IN CITIES OF FIRST AND SECOND CLASS. DUTIES. In all cities of this Commonwealth of the first and second classes, a competent female Ifi officer shall be provided for each police station house to which female prisoners and children are or may be taken, who shall be known as a police matron, and whose duty it shall be to receive, search, take charge of and properly care for, all female prisoners and children who shall be brought to such station house. See. 1, Act of May 13, 1889, P. L. 192. Section 7 of the Act of April 23, 1903, P. L. 274, supra section 14, .prohibits the commitment of children under the age of sixteen to police stations. The Act of July 2, 1901, P. L. 601 provides for houses for the detention of untried juveniles in cities of the iirst and second class. It seems therefore that this section would affect only children over the age of sixteen and adult females. 16. APPOINTMENT OF POLICE MATRONS. COMPENSA- TION. Such police matrons shall be appointed by the same authority and in the same manner > s 3 ^ ^ , s a n [H a fi .2; County. ■d t •a a , cd ^ Educational. School s bii g 1 ^ 15 *; a w ■c s IS ^ rt Industrial Eelations. Oi 1 •s 13 CS •a w Pi < < 44 Industrial Keformatory at Huntingdon, during the year 18- Convictiong. Occupation. Description. stature. O (4* ■s a HI Conjugal Parental Habits. Any Relatives Relations. Relations at 16. in Prison. bi ' 1 JO s a g a d pj a 2 s 2 60 .a ^ i •g £ •a q-i bo S! u 0) a ■ i g 03 1 p. a p.. 1 O [ffl Si 1 o 13 1 Q ^ s o c )r, ^ 9 fl4 A c P3 Cb 45 76. TABULAR STATEMENT TO BE KEPT BY PHYSICIAN under the following heads, to be filled up from his personal, prpfes- reformatory, at the time of his first exaimination of them, on their from such persons during their incarceration. Sec. 16, Act of AprU 28-, 1887, P. L. 63. ■ ■ Conju- Trade. Color. Sentence. \ Health. gality. g ■43 '> a o 1 a Name. H Nativity. u s o o i £ v> •a k; A s "d •a ■^ o„; >i bo .a :a a a o ii a n 1 rt tk o & Pi 3 c a 1 .s 1 a o d i O I O Hereditiiry Diseases. Vaccinated. E go 5 - K E 46 OP INSTITUTION. The physician shaU keep a tabular statement, sional examination, and from the statement of the persons in said reception, and corrected from fuller information thereafter obtained School. Parental Relations. i •S •a 1 U ■o S ^ g 0) J3 ^ ■S +j o -X ^ w &. ^ S3 - Age at death. Cause of death. Intemperate. Parental Prostitution. intemperate. § s A Si fe s S O Remarks. s d 1 Relatives now or ever were ^ -d in prison. Whom? .2 1 ft o .2 Where ? For what crime ? i g ' 5 ej « cd ci l>i A ;=3 S o 'S L4 s a> S5 OQ C H H o O O 47 77. AIM OF THE INSTITUTION. KULES AND REGULA- TIONS. CONTRACT LABOR SYSTEM NOT TO BE ESTAB- LISHED. RECORDS OP PRISONERS. As the aim and purposes of the industrial reformatory is to prevent young first offenders against the laws of the State from becoming criminals, and to subject them while in custody in this .reformatory to such remedial, preventative treatment, training, and instruction as may make them honest, reputable citizens, the board of managers is authorized and hereby empowered to establish, by rules and regulations governing the superintendent and other officers, such a system of discipline for the inmates as will secure to each instruction in the rudiments of an English education, and in such manual, handicraft, skilled voca- tions as may be useful to each of the inmates, after his discharge from the reformatory, whereby said person will be able to obtain self-supporting employment. The contract system of labor shall not exist in any form whatever, in said reformatory, but the prisoners shall be employed by the Commonwealth. It shall be the duty of said board of managers to maintain such control over all prisoners com- mitted to their custody as shall prevent them from committing crime, best secure their self-support, and accomplish their reformation. When any prisoner shall be received into the reformatory upon direct sentence thereto, they shall cause to be entered in a register the date of such admission, the name, age, nativity, and nationality of the prisoner, with such facts as can be ascertained of parentage, of early social influences as seem to indicate the constitutional and acquired defects and tendencies of the prisoner, and, based upon these, aH estimate of the then present condition of the prisoner, and the best probable plan of treatment. Upon such register shall be entered, quarterly, yearly, or oftener, minutes of observed improvement, or deterioratioB of character, and notes as to methods and treatment employed ; also all orders, or alterations, affecting the standing or situation of such prisoner, the circumstances of the final release, and any subsequent facts of the personal history, which may be brought to their knowledge. Sec. 11, Act of AprU 28, 1887, P. L. 63, No, 30. 78. SYSTEM OF CREDIT MARKS FOR GOOD CONDUCT, ETC. RECORDS OF INMATES. RULES AND REGULATIONS ■CONCERNING MARKS. DISCHARGE OF CERTAIN INMATES. GOVERNOR TO RESTORE CITIZENSHIP. The board of ^ mana- gers shall, under a system of marks or otherwise, fix upon a uniform ' plan, under which they shall determine what number of marks or what credit shall be earned by each prisoner sentenced under the provisions of this act, as the condition of increased privilege, or of release from their control, which system shall be subject to revision from time to time. Each prisoner so sentenced shall be credited for 48 good, personal demeanor, diligence in labor aad study, and for lesults accomplished, and be charged for derelictions, negligences and offenses. An abstract of the record in the case of each prisoner, remaining under control of the said board of managers, shall be made up semi- annually, considered by the managers at a regular meeting and filed with the Secretary of the Commonwealth ; which abstract shall show the date of admission, the age and the then present situation, whether in the reformatory. State prison, asylum, or elsewhere, whether any and how much progress of improvement has been made, and the reason for release, or continued custody as the case may be. The managers shall establish rules and regulations by which the standing of each prisoner's account of marks or credit shall be made known to him, as often as once a month and of tener, if he shall at any time request it, and may make provisions by which any prisoner may see and converse with some one of said managers during every month. When it appears to the said managers that there is a strong or rea- sonable probability that any prisoner will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society, then they shall issue to such prisoner on (an) absolute release from imprisonment, in the form provided in section fourteen of this act, and shall certify the fact of such release and the grounds thereof to the Governor; and the Governor may thereupon in his discretion restore such person to citizenship. But no petition or other form of application for the release of any pris- oner shall be entertained by the managers. Nothing herein contained shall be construed to impair the power of the Governor to grant a pardon or commutation in any case. Sec. 12, Act of April 28, 1887, P. L. 63, No. 30. 79. VIOLATION OF PAEOLE BY INMATES OF IJfDUSTRIAL EEFOEMATORY AT HUNTINGDON. PENALTY. Whenever an inmate of the Pennsylvania Industrial Eeformatory at Huntingdon shall be paroled and thereafter, when on his parole, shall in any manner violate the same and be declared a delinquent by the Board of Managers of said reformatory, he shall be liable to arrest and return at any time, and upon his return be required to serve the unexpired term of his possible maximum sentence, at the discretion of the Board of Managers, and the time from the date of his declared delinquency to the date of his return to the said Eeformatory shall not be counted as any part or portion of such sentence. Sec. 1, Act of June 6, 1893, P. Xj. 326, supplementing the Act of Acril 28, 1887, P. L. 63. 80. AEEEST OF INMATES OP INDUSTRIAL EEPOEMA- TOEY AT HUNTINGDON, VIOLATING PAEOLE. Whenever any 49 such paroled inmate shall, as afoiesaid, so violate his said parole and be declared a delinquent by the said Board of Managers, it shall be lawful for the president of the Board of Managers of the said Reform- atory to issue his warrant to (a) detective or person authorized by law to execute criminal process, whose duty 'it shall be to arrest and deliver such paroled prisoner to the Roformatory at Huntingdon, the cost of executing such warrant and delivering the prisoner to the said Reformatory to be paid by the Board of Managers. Sec. 2, Act of June 6, 1893, P. L. 326, supplementing the Act of April 28, 1887, P. L. 63. 81. REQUISITIONS OP INMATES OF INDUSTRIAL RE- FORMATORY AT HUNTINGDON, VIOLATING PAROLE. When- ever any inmate of the said Industrial Reformatory shall violate his parole and go into any other state, it shall be the duty of the Gover- nor of the Commonwealth to issue his requisition for the return of such paroled inmate as being a fugitive from justice. Sec. 3, Act of June 6, 1883, P. L. 326, supplementing the Act of April 28, 1887, P. L. 63. 82. VIOLATION OF PAROLE BY INMATES OP INDUSTRIAL REFORMATORY AT HUNTINGDON. TIME ON PAROLE TO BE ADDED TO MAXIMUM SENTENCE. Whenever any paroled in- mate of the said Industrial Reformatory shall violate his parole and be returned to the institution, the time when he was on parole may, in the discretion of the Board of Managers, be added to the maximum sentence which he could be required to serve, and in their discretion, the said paroled inmate may be compelled to serve, in addition to the maximum sentence, a period of time equal to the time that he was on parole. Sec. i. Act ot June 6, 1893, P. L. 326, supplementing the Act of April 28, ]887,P. L. 63. 83. ESCAPE OP INMATES PROM THE INDUSTRIAL RE- FORMATORY AT HUNTINGDON, PENALTY. If any inmate should escape from the said Industrial Reformatory, or from a keeper or any ofllcer having him in charge, or from his place of work while engaged in working outside of the walls, the inmate so escaping shall be deemed and taken to have committed an escape or breach of prison, and shall be subject to like penalties as are now provided by law for an escape or breach of prison, and may be punished accord- ingly; or the board of managers may, in their discretion, add to his maximum sentence, upon his return to the reformatory, the time which said escaped inmate may be at large, and in their discretion such escaped inmates may be required to serve, in addition to his maximum sentence, a further period of time equal to the time that he was at large. 50 Sec. 1, Act of April 28, 18<39, P. L. 73, amending Sec. 5, Act of June 6, ISnS, P. L. 328, whicli was a supplement of the Act of April 28, 1887, P. L. 63. The title to the above act is evidently incomplete, as it does not properly cite the Act of June 6, 1893, which was the supplementing act intended to be amended. 84. PENALTY FOR DELIVERING AND ATTEMPTING TO DELIVER TO, OR RECEIVING PROM INMATES OF REFORMA- TPRY CERTAIN ARTICLES. • If any person delivers or procures to be delivered, or has in their possession with intent to be delivered to a convict of the Pennsylvania Industrial Reformatory, or deposits or conceals in or about the 'Reformatory or dependencies thereon, or upon any land belonging or appertaining, thereto, or in any en- gine, car, wagon or other vehicle going into the premises belonging to the said Reformatory, any letter, article or thing, -With the intent that a convict confined in the said Reformatory shall obtain or re- ceive the same, or if any person receives from any convict of said Reformatory any letter, article or thing with intent to convey the same out of the Reformatory contrary to the rules and regulations thereof, and without the knowledge and permission of the General Superintendent of said Reformatory, or if any person shall purchase, exchange, take or receive from any convict thereof while he may be working outside the walls of said Reformatory, any letter, article or thing, whether State or otlier property manufactured or used in and about said reformatory, such person shall be guilty of a mis- demeanor, and on conviction thereof be sentenced to pay a fine not exceeding one hun"dred dollars, or undergo an imprisonment not exceeding three months, or both, or either, at the discretion of the court. Sec. 1, Act of June 24, 1895, P. L. 265, No. 177. 85. DISCHARGE OF INMATES BY COURTS. When, in the opinion of the superintendent, and after due investigation, and ob- taining the opinion of the physician and moral instructor, any per- son confined in the reformatory has given such evidence, as is deemed reliable and trustworthy, that such person has been so improved by his treatment in said reformatory as to justify his liberation, a certi- ficate of the fact and the opinions of the superintendent, doctor and moral instructor, under their hands and seals, shall be submitted to the board of managers; when, after due notice to all the managers at the next meeting thereafter, said boRid shall consider the case of the person so presented; and when the said board shall determine that such person is entitled to his discharge, said board shall cause a record of the case of such person to be made, showing the date of his commitment to the Reformatory, the time he has been detained, the cause thereof, a copy of his sentence, the ropy of the certificate 51 as aforesaid of the oncers and the action thereon of the board, said record to be signed by the managers and sent to the judge of the court that sentenced said persons to the reformatory, who shall, after con- sulting the district attorney and no further reason for detention existing, send, under the seal of the court, to the said board, an order to discharge the said person from said reformatory. Sec. 14, Act of April 28, 1887, P. L. 63, No. 30. 86. ACCOUNT OF COST OF MAINTENANCE OF INMATES TO BE KEPT. COUNTY PROM WHICH INMATE COMMITTED LIABLE FOR SUCH COST. The managers shall cause to be kept, by the clerk, an account of the cost of the support and maintenance of each convict with the county from which he is sent to the Reform- atory, which said account shall annually be approved by the said managers, and, if the same be true and correct, shall be sworn to by at least three of said managers, and sent to the commissioners of the proper county, first deducting from the said cost the amount received from the labor of the said convict, if any, and for the bal- ance the said managers shall, sixty days thereafter, draw their draft on the proper officers of the counties, respectively, for the amount so found to be due, which draft it shall be the duty of the said county officers to pay,. See. 17, Act of April 28, 1887, P L.. 63. (2) Pennsylvania Training School at Morganza. This institution, originally the House of Refuge of Western Pennsyl- vania, was styled, by the Act of March 20, 1872, P. L. 27, The Penn- sylvania Reform School. By order of the court of common pleas of Allegheny County, (No. 377 IFirst Term 1912) the name of the institution was changed to The Pennsylvania Training School. 87. WHO MAY BE RECEIVED BY COMMITMENT. EM- PLOYMENT OF INMATES. VOCATIONAL TRAINING. It shall be lawful for the board of managers of said house of refuge, at their discretion, to receive into their care and guardianship infants, males under the age of twenty-one years, and females under the age of twenty-one years, committed to their custody in either of the follow- ing modes, to wit: ' First. Infants committed by an alderman or justice of the peace on the complaint, and due proof made thereof by the parent, guar- dian or next friend of such infant, that by reason of incorrigible or vicious conduct, such infant has rendered his or her control beyond the power of such parent, guardian or next friend, and made it mani- festly requisite, that from regard to the morals and future welfare of such infant, he or she should be placed under the guardianship of the managers of the said house of refuge. 52 Second. Infants committed by the authority aforesaid, where complaint and due proof have been made that such infant is a proper subject for the guardianship of the managers of the said house of refuge, in consequence of vagrancy, or of incorrigible or vicious con- duct, and that from the moral depravity or otherwise of the parent, or guardian or next friend, in whose custody such infant may be, such parent, guardian or next friend is incapable or unwilling to exercise the proper care and discipline over such incorrigible or vicious in- fant. Third. Infants who shall be taken or committed as vagrants or upon any criminal charge, or duly convicted of criminal offenses as may in the judgment of the court of oyer and terminer, or of the court of quarter sessions of the peace of any county within the western district; and the said managers shall have power to place the said children committed to their care, during their minority, at such employment, and cause them to be instructed in such branches of useful knowledge as may be suitable to their years and capacities ; and they shall have power at their discretion to bind out the said children, with their consent, as apprentices during their minority to such persons and at such places, to learn such proper trades and employments as in their judgment will be most conducive to the , reformation and amendment, and will tend to the future benefit and advantage of such children. Sec. 15, Act of April 22, 1850, P. L. 538. No child under the age of sixteen may now be committed by magistrates and justices of the peace to any institution, see section 1, Act of March 26, 1903, P. L. 66, supra section 34. 88. ALDERMEN AND JUSTICES OP THE PEACE COMMIT- TING VAGRANTS TO ANNEX LIST OF WITNESSES. It shall be the duty of any alderman or justice aforesaid, committing a va- grant, or incorrigible or vicious infant as aforesaid, in addition to the adjudication required by the sixth section of this act, to annex to his commitment the names and residences of the different witnesses examined before him, and the substance of the testimony given by them respectively, on which the said adjudication was found. Sec. 16, Act of April 22, 1850, P. L. 538. See note to section immediately preceding. 89. INFANTS CONVICTED IN DISTRICT AND CIRCUIT COURTS OF THE UNITED STATES MAY BE COMMITTED. The managers of the House of Refuge for -Western Pennsylvania shall have power to admit, into said House of Refuge, infants convicted of any criminal offence in any district or circuit court of the United States, in and for the Western district of Pennsylvania, in like man- ner as thcT are now authorized to admit infants convicted in the 53 courts of oyer and terminer and quarter sessions : Provided, That no such infant shall be so admitted, unless residing within the Western district of the Supreme Court of Pennsylvania. Sec.,1, Act of AprU H, 1862, P. L. 425, No. 423, supplementing the Act of AprU 22, 1850, P. L. 538. 90. CHILDREN COMMITTED TO BE CLOTHED, MAIN- TAINED AND INSTRUCTED AT COUNTY EXPENSE. AC- COUNTS HOW KEPT. The children received by said managers under the conviction of any court within the said western district, shall be clothed, maintained and instructed by the said.managers at the public expense of the proper county from which they came ; and the accounts of said children shall be kept by the said managers in the same manner that the accounts of convicts in the penitentiaries are now directed to be kept by the inspectors thereof. Sec. 19, Act of April 22, 1850, P. L. 538. 91. ALL CHILDREN COMMITTED TO, BE PROPERLY CLOTHED, MAINTAINED AND INSTRUCTED. COMMIT- MENTS BY MAYORS, ALDERMEN AND JUSTICES OF THE PEACE. The act of assembly, approved the twenty-second day of April, one thousand eight hundred and fifty (P. L. 538), entitled "An act to secure the cities of Pittsburgh and Allegheny, and the neighborhood thereof, by damage from gun -powder; to incorporate an association for the establishment of a house of refuge for Western Pennsylvania; and relative to the Pennsylvania State lunatic asy- lum," is hereby so amended in its nineteenth section, as to include in the enactment and provision therein made, also such children received by the managers of the said house of refuge as may be convicted, or ■Committed thereto agreeably to the provisions of the charter thereof, by any mayor, alderman or justice of the peace within the said Western district;, and further, that the mayor of any c^ity within the said Western district shall have like authority with that given to aldermen and justices of the peace to commit to the custody of the managers of the said house of refuge, and that any commitment heretofore made by any mayor of any such city, is hereby legalized and made good. Sec. 1, Act of April 16, 1857, P. L. 219, No. 261, extending the Act of April 22, 1850, P. L. 538. For the nineteenth section herein referred to see the section immediately preceding . No child under the age of sixteen may now be committed by magistrates and justices of the peace to any institutions, see section 1, Act of March 26, 1903, P. L, 66, supra section .34. 54 92. ALL CHILDREN COMMITTED TO BE PROPEKLY CLOTHED, MAINTAINED AND INSTRUCTED. The nineteenth section of the act to which this is a further supplement, shall extend and apply to all children received into the house of refuge of western Pennsylvania. Sec. 1, Act of January 31, 1855, P. L. 6, No. 9, supplementing the Act of April 22, 1850, P. h. 538.- The nineteenth section herein referred to is the nineteenth section of the Act of April 22, 1850, P. L. 538, supra section 90. See also section 1, of the Act of April 16, 1857, P. L. 219, supra section 91, amending said nineteenth section by extending the same to certain cases. 93. POWER OF BOARD OVER FEMALES. It shall be lawful for the board of managers of said institution, at their discretion, to retain or bind out female infants committed to their care (who may be sixteen years of age at the time they are committed), untiUthey shall reach the age of twenty-one years. Sec. 2, Act of January 31, 1855, P. L. 6, No. 9, supplementing Act of April 22, 1850, P. L. 538. 94. INDENTURING OP CHILDREN COMMITTED. The boards of managers of the houses of refuge for the reformation of juvenile delinquents, in (Philadelphia and) Allegheny counties, are hereby respectively authorized, whenever they deem it for the interest of any white inmate duly committed to their custody, to bind or indenture such white inmate to service during his or her minority, although the party to whom the indenture may be made may be a citizen of one of the United States other than this Commonwealth: Provided, That no such indenture to service out of this Common- wealth shall be made without the consent first given of said white inmate. Sec. 1, Act of May 12, 1857, P. L. 454, No. 509. 95. SPIRITUAL MINISTRATIONS TO INMATES. From and after the passage of this act, all persons committed to the Western house of refuge shall be allowed, in all cases of sickness, spiritual advice and spiritual ministration from any recognized clergymen of the denomination to which said inmate may belong; such advice and ministration to be obtained within sight of the person or persons having such inmates in charge; but if the person or persons seeking such, desire religious consolation out of hearing of any officer of said institution, then, in that instance, they shall not be debarred by any rule of said house of refuge. Sec. 1, Act of April 8, 1862, P. L. 318, No. 333, Supplementing the Act of April 22, 1850, P. L. 538. S5 96. COUNTY CHARGEABLE WITH EXPENSES OF MAINTE- NANCE OF CHILDREN COMMITTED. The county chargeable with the expense of any child committed to the House of Refuge for Western Pennsylvania shall be the county in which the parents of said child reside, or if there be no parents living or resident within this Commonwealth, then said expense shall be charged to the county wherein the person committed may have last resided for a period not less than ninety consecuiplve days: Provided however, That where in- fants have been inmates of eleemosynary institutions prior to com- mitment to the house of refuge, the residence of such infants or of their parents prior to their having become inmates of said institu- tions shall be regarded as their domicile for the purposes of this act. Sec. 1, Act of April 11, 1868, P. L, 847, No. 786. (3) State Industrial Home for Women at.Muncy Station. 97. BOARD OF MANAGERS TO MAKE RULES AND REGU- LATIONS. The Board of Managers shall have power to make all necessary rules and regulations, not contrary to the Constitution and laws of this Commonwealth, for the care, detention, employ- ment, discipline, instruction, and temporary or permanent release, of any and all persons committed to the Industrial Home. See. 10, Act of July 25, 1913, P. L. 1311. 98. AIM OP INSTITUTION. PROVISION FOR EDUCATION AND VOCATIONAL TRAINING. As the aim of the Industrial Home is to prevent young offenders against the laws of this Common- wealth from becoming hardened criminals, and to subject them while in the Indu.strial Home to such remedial preventive treatment, train- ing and instruction, as will conduce to their mental and moral im- provement, the boaid of managers, in adopting rules and regula- tions for the government of the institution is authorized to provide for a system of discipline for the inmates as will secure to each per- son instruction in the rudimeirts of an English education, and in such manual and skilled vocations as may be useful ,to such female after her discharge from the Industrial Home, and whereby she may be able to obtain self-supporting employment. Sec. 28, Act of July 25, 1913, P. L. 1311. 99. CONTRACT FORM OF LABOR NOT TO EXIST. The con tract system of labor shall not exist in any form in the Industrial Home, but the inmates shall be employed solely by the Commonwealth. Sw, 11. Act of .Tuly 2S, 1913. F. I,, 1311. f;R 100. EECOKD OF INMATES. A record shall be kept of each prisoner at the Industrial Home, setting forth her name, age, nativity, nationality, date of admission, the offense for which she was com- mitted, and such facts concerning the life and the social influences and temptations which surrounded her as can be obtained from her- self and from other sources, either at the time of her admission or later ; likewise any further facts which may be directed by the Board of Public Charities. Detailed information on the subject shall be forwarded to the Board of Public Charities upon forms to be fur- nished by said board whenever it shall so request. Sec. 12, Act of July 25, 1913, P. L. 1311. 101. SYSTEM OF MARKS AND (CREDITS TO BE ESTAB- LISHED. INMATES TO CONVERSE PRIVATELY WITH MEM- BER OF BOARD. The Board of Managers may fix upon a uniform plan, under a system of marks or otherwise, .whereby it shall be determined what number of favorable marks or credit may be earned by each prisoner as a condition of increased privilege, or of release from confinement. She shall be credited for good personal demeanor, and diligence in labor and study, and shall be charged for derelic- tions, negligence and offences. The account of her favorable marks or credit, and of the charges against the same, shall be made known to her as often as once a month; and provision shall be made by which any inmate may see and converse in private with at least one of the managers during every month if she so desires.. Sec. 13, Act of July 25, 1913, P. L. 1311. 102. TRANSFER OF INMATES OF JAILS AND PENITENTIA- RIES TO INDUSTRIAL HOME. Whenever there is unoccupied room in the Industrial Home the board of managers may make requisitions upon the authorities of any penitentiary or prison, who shall select such number as is required by such requisition from among the youthful, well-behaved and most promising women con- victs in the State and county prisons of the class described in sec- tion fifteen of this act, and transfer them to the Industrial Home for education and treatment under the rules and regulations thereof, and the board of managers are hereby authorized to receive, and de- tain during the term of their sentence to the State prison, such prisoners so transferred, and the laws applicable to convicts in the State prison, so far as they relate to the commutation of imprison- ment for good conduct and the provisions of this act, shall be appli- cable to said convicts when transferred under this section. Sec. 14, Act of July 25, 1913, P. L. 1311. 103. SENTENCE TO INDUSTRIAL HOME. DURATION OF IMPRISONMENT. Any court of record in this Commonwealth, exercising criminal Jurisdiction, may, in its discretion, sentence to the said Industrial Home any female between sixteen and thirty years of age, upon conviction for, or upon pleading guilty of, the commis- sion of any criminal offense punishable under the laws of this State. Said sentence shall be merely a general one to the State Industrial Home for Women, and shall not fix or limit the duration thereof. The duration of such imprisonment, including the time spent on parole, shall not exceed three years, except where the maximum term specified by law for the crime for which the prisoner was sentenced shall exceed that period, in which event said maximum term shall be the limit of detention under the provisions of this act. Sec. 15, Act of July 25, 1913, P. L. 1311. 104. SENTENCE NOT VOID IP FOR DEFINITE PERIOD. ACT TO APPLY. MANAGERS TO DELIVER COPY OF ACT TO OFFENDER. If, through oversight, or otherwise, any person be sentenced to imprisonment in the said Industrial Home for a definite period of time, said sentence shall not for that reason be void; but the person so sentenced shall be entitled to the benefit, and subject to the liabilities of this act, in the same manner and to the same extent as if the sentence had been in the terms required by this act. In such case said managers shall deliver to such offender a copy of this act. Sec. 16, Act of July 25, 1913, P. L. 1311. 105. TRANSFER OF INMATES TO PENITENTIARIBSl RETURN TO INDUSTRIAL HOME. The board of managers of the Industrial Home may transfer temporarily to either State peniten- tiary any female committed to the Industrial Home who may be in- corrigibl'e, or whose presence in the Industrial House may be seriously detrimental to the well-being of the institution. The managers may subsequently, by written requisition, require the return to the In- dustrial Home of any female who may have been so transferred. Sec. 17, Act of July 25, 1913, P. L. 1311. 106. CLERKS OP COURT TO NOTIFY SUPERINTENDENT OF SENTENCES TO INDUSTRIAL HOME. FEMALE AGENT TO TRANSPORT PERSON SENTENCED. The clerk of any court by which a criminal shall be sentenced to the said Industrial Home shall forthwith notify the superintendent thereof of such sentence, who shall thereupon send an agent, who shall be a woman, to receive the prisoner at the county jail and transport her to the Industrial Home, and it shall be the duty of the sheriff to deliver her to said agent. The clerk shall furnish to said agent a record of the case, for which he shall receive such fees from the county as are now allowed by law for similar services. gee. 18, Act of July 25, 1913, P. L. 1311. 58 107. DISCHARGE OF INMATES. PAROLE. When, in the opinion of the superintendent after due investigation and consultation with the physician, any prisoner has given what is deemed trustworthy evidence that she has been so improved by treatment in the Industrial Home as to justify her liberation, a certificate of that fact, and wri.tten recommendations in the case by the superintendent and physician, duly signed by them, shall be submitted to the board of managers. At its next meeting the case of the person so presented shall be con- sidered; and, if it shall be determined that she is a fit person for a permanent discharge, a statement shall be made, showing the date of her commitment, the cause thereof, the time she has been detained, and a copy of the aforesaid recommendations with the action thereon. Said statement shall be signed by the board's president or secretary and sent to the judge of the court that sentenced said inmate to the Industrial Home, who shall thereupon confer with the district attor- ney, and, if he ascertains that no reason for further detention exists, he shall send to the board an order, under the seal of the court, di- recting the permanent discharge of said person from the Industrial Home. If the judge knows of any reason for her further detention he shall at once communicate such reason to the board. Upon receipt of the aforesaid order of discharge the prisoner shall be granted a permanent release from custody. The board shall have power to grant temporary discharge or parole for a period of not more than ninety days, and to continue the same by renewal or renewals. Sec. 19, Act of July 25, 1913, P. L. 1311. 108. INMATES VIOLATING PAROLE TO BE LIABLE TO ARREST AND RETURN WARRANT FOR ARREST. Whenever an inmate of the State Industrial Home for Women shall be paroled, and during her parole shall in any manner violate the same, she may be declared delinquent by the board of managers; and thereupon be liable to arrest and return at any tiriie. In such case, or if any prisoner of the institution shall escape therefrom, It shall be lawful for the president of the board of managers, or the superintendent, to issue a warrant to any detective or person authorized by law to execute criminal process, whose duty it shall be to arrest and return such paroled or escaped person to the Industrial Home, and cost of executing the said warrant and returning the prisoner to be paid by the board of managers. Sec. 27, Act of July 25, 1913, P. L. 1311. 109. VIOLATION OF PAROLE. TIME SPENT ON PAROLE MAY BE ADDED TO MAXIMUM TERM OF SENTENCE. When- ever any paroled inmate of the said Industrial Home shall violate her parole, and be returned to the institution, the time v/hen she was on parole and the unexpired term of her possible maximum sentence 59 may be added together and, in the discretion of the board of mana- gers, she may be required to serve such full time or any part thereof. Sec. 20, Act of July 25, 1913, P. L. 1311. ^ 110. INMATES ESCAPING TO BE GUILTY OF AN ESCAPE OK BREACH OF PRISON. If any inmate shall escape from the said Industrial Home, or from a keeper or any officer having her in charge, or from her place of work while engaged in working outside of the walls, the inmate so escaping shall be deemed and taken to have committed an escape or breach of prison, and sh-all be subject to such penalties as are now provided by law for an escape or breach of prison, and may be punished accordingly. Sec. 21, Act of Jiily 25, 1913, P. L.-1311. 111. COSTS AND EXPENSES WHEN INMATE OF HOME IS TRIED FOR AN OFFENSE TO BE PAID BY COUNTY ORIGIN- ALLY COMMITTING. Whenever any inmate of the Industrial Home, not having been sentenced thereto by the court of the county wherein such Industrial Home shall be established, shall be convicted in such county of any misdemeanor or felony committed while an in- mate of the said' Industrial Home, the costs and erpenses of trying such convicted inmate, and of her maintenance after convictioli and sentence, either to the county prison of such county, or to either of the peitentiarie's of the Commonwealth, or to the Industrial Home, shall be paid by the county from which the said convicted inmate was sentenced. Sec. 22, Act of July 25, 1913, P. L. 1311. 112. COSTS AND EXPENSES TO BE PAID IN FIRST IN- STANCE BY COUNTY IN WHICH HOME IS ESTABLISHED. COMMISSIONERS TO DRAW WARRANT ON TREASURER OF COUNTY ORIGINALLY COMMITTING INMATES. The costs and expenses of the trial of such convicted inmate shall, in the first instance, be paid by the county wherein such Industrial Home shall be established, whose commissioners are thereupon authorized to draw their warrant upon the treasurer of the county, from whidi said convicted inmate was sentenced to the said Industrial Home, for the amount so paid by the said county wherein such Industrial Home shall be established, for said costs and expenses, which war- rant it shall be the duty of the treasurer upon whom it may be drawn to pay forthwith. Sec. 23, Act of July 25, 1913, P. L, 1311. 113. WHEN INMATE SENTENCED TO JAIL OR PENITEN- TIARY, COST OF MAINTENANCE TO BE PAID BY COUNTY ORIGINALLY COMMITTING SUCH INMATE TO HOME. When- 60 ever any convicted inmate shall be sentenced either to the county prison of the county wherein such Industrial Home shall be estab- lished, or to either of the penitentiaries of the Commonwealth, it shall be lawful for the authorities of the proper penal institution to draw annually a warrant upon the treasurer of the county from which said inmate was originally sentenced for the costs and expen- ses of her maintenance, and the treasuj-er upon whom such warrant may be drawn shall forthwith pay the same. Sec. 24, Act of July 25, 1913, P. L. 13ll. 114. ACCOUNT OF COST OF MAINTENANCE TO BE KEPT WITH COUNTY COMMITTING INMATE. BALANCE OF SUCH ACCOUNT TO BE PAID BY COUNTY. The board of managers shall cause to be kept an account of the expense of the support and maintenance of each person committed to the Industrial Home with the county from which she was sent, and bills for the same shall be forwarded periodically to the commissioners of the proper county, deducting first from said bills any amount which has been received from the labor of the prisoner referred to ; and it shall be the duty of the county officer* to pay the balance due on said account within thirty days from the receipt of this statement. Sec. 25, Act of July 25, 1913, P. L. 1311. (B) Semi-State Institutions. (1) Glen Mills Schools. The change of name of this institution from the House of Refuge, adopted at the original organization in 1826, to Glen Mills Schools was made by order of the Court of Common Pleas, No. i, (of Philadelphia,) on the petition of the managers. This change was made at the sug- gestion of many of the judges throughout the State, after due considera- tion by the board, and the contributors. 115. WHO MAY BE COMMITTED TO HOUSE OF REFUGE OF PHILADELPHIA. BINDING OUT AND APPRENTICING OF INMATES. The said managers shall at their discretion receive into the said house of refuge, such children who shall be taken up or com- mitted as vagrants, or upon any criminal charge, or duly convicted of criminal offences, as may be in the judgment of the court of oyer and terminer, or of the court of quarter sessions of the peace, of the county, or of the mayo^rs courts of the city of Philadelphia, or of any alderman or justice of the peace, or of the managers of the alms- house and house of employment, be deemed proper objects; and the said managers of the house of refuge shall have power to place the said children committed to their care, during the minority of the said children, at such employments, and cause them to be instructed in such branches of useful knowledge as may be suitable to their years and capacities; and they shall have power, in their discretion, to 61 bind out the said children, with their consent, as apprentices, during their minority, to such persons, and at such places, to learn such proper trades and employments, as in their judgment will be most conducive to the reformation and amendment, and will tend to the future benefit and advantage of such children: Provided, That the charge and power of the said managers upon and over the said chil- dren, shall not extend An the case of females, beyond the age of eighteen years. Sec. 6, Act of Marcli 23, 1826, P. L. 133. This act was held to be constitutional in ex parte Grouse, J, Wharton 9, and not depriving the children committed of their right of trial by jury. "The house of refuge is not a prison, but a school, where reformation, and not punishment, is the end." The proviso in this section seems to be repealed by section 7 of the Act of April 11, 1850, P. L. 448, immediately following this section. Children under the age of sixteen may no longer be committed by magis- trates and justices of the peace, see section 1, Act of March 26, 1903, P. L. 66, supra section 34. 116. POWER AND CHARGE OF MANAGERS OVER FE- MALES. The power and charge of the managers of the House of Refuge over the inmates of that institution, shall extend in the case of females, who on their admission may be sixteen years of age, to the age of twenty-one years ; and that so much of any law or laws of this Commonwealth as conflicts with the provisions of this section, be and the same is hereby repealed. Sec. 7, Act of April 11, 1850, P. L. 448. It would seem that the repealing clause herein repeals the proviso in Section 6, Act of March 23, 1826, P. L. 133, immediately preceding, and part of Section 4, Act of March 2, 1827, P. L. 76, infra section 119. 117. WHO MAY BE COMMITTED. In lieu of the manner' pre- scribed by the sixth section of the Act to which this is a supplement, it shall be lawful for the managers of the House of Refuge, at their discretion, to receive into their care and guardianship, infants, males under the age of twenty-one years, and females under the age of eighteen years, committed to their custody in either of the follow- ing modes, viz : First. Infants committed by an alderman oi; justice of the peace, on the complaint and due proof made to him by the parent, guardian or next friend of such infant, that by reason of in- corrigible or vicious conduct, such infant has rendered his or her control beyond the power of such parent, guardian or next friend, and made it manifestly requisite, that from regard for the morals and future welfare of such infant, he or she should be placed under the guardianship of the managers of the House of Refuge. Second: Infants committed by the authority aforesaid, where complaint and G2 clue proof have been made, tkat such infant is a proper subject for the guardianship of the managers of the House of Ref ug6, in conse- quence of vagrancy, or of incorrigible or vicious conduct, and that from the moral depravity or otherwise of the parent or next friend, in whose custody such infant may be, such parent or next friend is incapable or unwilling to exercise the proper care and discipline over such incorrigible or vicious infant. Third: Infants committed by the courts of this Commonwealth in the mode provided by the act to which this is a supplement. See. 1, Act of April 10, 1835, P. L. 133, supplementing the Act of March 23, 1826, P. L. 133. This act was held to be constitutional in ex parte Grouse, J, Wharton 9, and not depriving the children committed of their right of trial by jury. "The House of Kefuge is not a prison, but a school, where reformation, and not punishment, is the end." Children under the age of sixteen may no longer be committed by magis- trates and justices of the peace, see section 1, Act of March 26, 1903, P. L. 66, supra section 34. 118. ALDERMEN AND JUSTICES OP THE PEACE COM- MITTING DELINQUENTS TO ANNEX NAMES OF WITNESSES. It shall be the duty of any alderman or justice aforesaid, committing a vagrant or incorrigible or vicious infant as aforesaid, in addition to the adjudication required by the first section of this act, to annex to his commitment the names and residence of the different witnesses examined before him, and the substance of the testimony given by them respectfully, on which the said adjudication was founded. Sec. 2, Act of April 10, 1835, P. L. 133, supplementing the Act of March 23, 1826, P. L. 133. See notes to the section immediately preceding. 119. COMMITMENTS BY QUARTER SESSIONS AND OYER AND TERMINER OTHER THAN THE COUNTY OF PHILADEL- PHIA. MAINTENANCE AND INSTRUCTION OF SUCH CHIL- DREN. APPRENTICING OF CHILDREN. CONTROL OF INMATES BY MANAGERS OF INSTITUTION. The man- agers of the house of refuge, shall receive into the same, such children who shall be convicted in the coutt of oyer and terminer or quarter sessions of any county except the county of Philadelphia, or mayors court of any city except the city of Phila- delphia, of any otfence which under the existing laws would be pun- ished by imprisonment in the penitentiary, as may t)e in the judg- ment of the said courts deemed proper objects for the house of refuge ; and the children so received, shall be clothed, maintained and in- structed by the said managers, at the public expense of the proper county; and the accounts of the said children shall be kept by the managers, in the same manner that the accounts of convicts in the penitentiary are now directed to be kept by the inspectors thereof, and the said managers of the house of refuge shall have power to place the said children committed to their care during the minority of the said children, at such employments, and cause them to be in- structed m such branches of useful knowledge as may be suitable to their years and capacities; and they shall have power, in their discretion to bind out the said children with their consent as apprentices during their minority, to such persons, and at such places, to learn such proper trades and employments as m their judgment will be most conducive to the refor- mation and amendment and will tend to the future benefit and advantage of such children: Provided, That the charge and power of the said managers, upon and over the said children,' shall not ex- tend in the case of females beyond the age of eighteen years: And provided, That this section shall not be construed to apply to chil- dren received into the said house of refuge, from the city and county of Philadelphia, or to repeal or affect the sixth section of an act, en- titled "An act to incorporate the subscribers to the articles r>t asso- ciation, for the purpose of establishing and conducting an institution for the confinement and reformation of youthful delinquents, under the title of " 'the house of refuge' " passed the twenty-third day of March, one thousand eight hundred and twenty-six. Sec. i. Act of March 2, 1827, P. L. 76. It was attempted to repeal this section by the third section of the Act of January 10, 1867, P. L. 1371. This repealing clause, however, was later held to be inefeective on account of being unconstitutional. Bouse of Refuge v. Luzerne Co., US Pa. J,29. This section so far as it relates to the power and charge of the man- agers over females is repealed by section 7, Act of AprU 11, 1850, P. L 448, supra section 116. 120. COMMITMENTS BY COURTS OF COMMON PLEAS OF THE EASTEEN DISTRICT OTHER THAN PHILADELPHIA In addition to the cases provided for hj the fourth section of the act' entitled "An act to endow the House of Refuge, and for other pur- poses therein mentioned," passed the second day of March one thou- sand eight hundred and twenty-seven, (P. L. 76), the managers of The House of Refuge" shall receive under their care and guardian- ship, infants under the age of twenty-one years, committed to their custody by two judges, tie president judge being one, of the court of common pleas of any county in the eastern district of Pennsyl- vania, (which said district shall embrace all the counties of the Com- monwealth from which infants cannot be sent to the "House of Eefuge of Western Pennsylvania,") except the county of Philadel- phia m which said infant resides or may be found, on complaint and due proof made to them by the parent, guardian, or next friend of such infant, that such infant is unmanageable and beyond the 64 control of the coiuplaiuauL and that the future welfare of said infant requires, that such infant should be placed under the care and guar- dianship of the said managers of the House of Refuge; or when said complaint and due proof shall be made by the prosecuting offlcer of the county, that said infant is unmanageable, or a vagrant, and has no parent, or guardian, capable and willing to restrain, manage, and take proper care of such infant. Sec. 1, Act of January 26, 1854, P. L. 12, supplementing the Act of March 23, 1826, P. L. 133. 121. HEARllSJGS BEFORE COURTS FOR COMMITMENT OF DELINQUENTS TO HOUSE OF REFUGE OF PHILADELPHIA. TESTIMONY TO BE TAKEN UNDER OATH OR AFFIRMATION AND TO BE SUBMITTED TO MANAGERS OF THE INSTITU- TION. The said judges shall carefully examine the complaint made to them in the presence of the complainant and infant complained of, and for the purpose of bringing the parties and witnesses before them, shall be fully authorized to use such process of the court as may be necessary; and where the said judges shall adjudge an infant to be a proper subject for the care and guardianship of the said mana- gers of the House of Refuge, they shall, in addition to their adjudica;- tion, transmit to the said managers the testimony taken before them, on which their adjudication was founded; and the said testimony shall be talien under oath or affirmation of the witnesses, and in the presence of the party complained of. Sec. 2, Act of January 26, 1854, P. L, 12, supplementing the Act of March 23, 1826, P. L. 133. The "said judges" are judges of the court of common pleas of the Eastern district other than Philadelphia. See the section immediately preceding. 122. POWER OF MANAGERS OVER COMMITTED DELIN- QUENTS. The power and authority of the said managers of the House of Refuge shall be as full and ample, in all respects, over the infants committed to their care and guardianship under this act, as are given and granted to the said managers over infants committed to their care and guai'dianship from the county of Philadelphia, by the said act, entitled "An act to incorporate the subscribers to the articles of association for the purpose of establishing an institution for the confinement and reformation of juvenile delinquents, under the title of 'The House of Refuge.' " (Act of March 23, 1826, P. L. 133.) Sec 3 Act of January 26, 1854, P. L. 12, supplementing the Act of March 23, 1826, P. L. 133. 65 123. COMMITMENTS BY COUETS OF QUARTER SESSIONS OP THE EASTERN DISTRICT OTHER THAN PHILADELPHIA. The managers shall, in their discretion, receive into the House of Refuge such children, as may be convicted of any misdemeanor, or criminal offence, in any court of quarter sessions of any county, other than the county of Philadelphia, in the Eastern District of this Com- monwealth, as shall, in the judgment of the said court, be deemed proper subjects for the care and guardianship of the managers of the house of refuge aforesaid. See. 1, Act of January 10, 1867, P. L. 1371, supplementing the Act of March 23, 1826, P. L. 135. Section 3 of this act was held unconstitutional because there was no notice of its provisions in the title: See House of Refuge v. Luzerne County, 215 Pa., /;29. This section and section 2, next succeeding, do not seem to be affected ^ by the decision. 124. POWER AND AUTHORITY OF MANAGERS OVER CER- TAIN INMATES. The power and authority of the managers of the house of refuge aforesaid, shall be as full and ample, in all respects, over the children committed to their care and guardianship, under this act, as are given and granted to the said managers, over chil- dren committed to their care and guardianship, by the said act, en- titled "An act to incorporate the subscribers to the articles of asso- ciation for the purposis of establishing and conducting an institution for the confinement and reformation of juvenile delinquents, under the title of the House of Refuge. (Act of March 23, 1826, P. L. 133.) Sec. 2, Act of January 10, 1867, P. L. 1371, supplementing the Act of March 23, 1826, P. L. 135. See notes to the section immediately preceding. , 125. INDENTURING OF CHILDREN COMMITTED. The boards of managers of the Houses of Refuge for the reformation of juvenile delinquents, in Philadelphia (and Allegheny) counties, are hereby respectively authorized, whenever they deem it for the in- terest" of any white inmate duly committed to their custody, to bind or indenture such white inmate to service during his or her minority, although the party to whom the indenture may be made may be' a citizen of one of the United States other than this' Commonwealth: Provided, That no such indenture to service out of this Common- ■w-ealth shall be made without the consent first given of said white inmate. See. 1, Act of May 12, 1857, P. L. 454. 126. OFFICIAL VISITORS OF HOUSE OF REFUGE OF PHIL- ADELPHIA. DUTIES OF VISITORS. INVESTIGATIONS INTO COMMITMENTS. It shall be the duty of the president and legal 66 associates of the (court of J common pleas of Philadelphia county, the judges of the district court X)f the city and county of Philadel- phia, and the recorder of the city of Philadelphia alternately, in such manner as may be arranged between them, at a joint meeting for that purpose from time to time held, to visit the House of Refuge, at least once in two weeks or oftener, if to the said judges it shall seem requisite; and it shall be the duty of the judge or recorder so visiting the House of Refuge, carefully to examine ;nto all the com- _ mitments to the said House of Refuge, made by the aldermen, jus- tices or guardians of the poor aforesaid, that have not previously been adjudged upon by one of the said judges or the recorder in the manner hereinafter directed, which commitments it shall be the duty of the managers of the House of Refuge, truly and correctly, to lay before such judge or recorder, and on such examination, such judge or recorder shall have produced befoie him by the managers afore- said, their superintendent or agent, the infant or infants described in such commitment, and the testimony upon which he or she shall have been adjudged a fit subject for the guardianship of said mana- gers, or on which he or she shall be claimed to be held as such, and if after examining the infant and such testimony, the said judge or recorder shall be of opinion that according to the laws of this Com- monwealth regulating the control of infants, a case has been estab- lished, which in his opinion, would according to law authorize the transfer of the parental authority over such infant to the managers of the House of Refuge, then and in that case it shall be the duty of tlie said judge or recorder to endorse an order on the commitment of the justice or alderman or guardians of the poor, directing the infant to be continued under the guardianship of the managers of the House of. Refuge, after which it shall be lawful for said mana- gers to exercise over all such infants, the powers and authorities -given them by the act to which this is a supplement". But if tlie said judge or recorder shall be of opinion that such case has not been made out, he shall order such infant to be forthwith discharged, which order shall be obeyed by the managers, under the pains and penalties pro\'ided by law against wrongful imprisonment: Provided, That it shall be the duty of said judge or recorder, at the request of such infant or any person in his behalf, to transfer such hearing to the court house of the court of which he is a member, in order that the infant may have the benefit of counsel, and of compulsory pro- cess to obtain witnesses, required in his or her behalf, which such judge or recorder is hereby aiithorized to award, as fully and amply as any judge or court could do on the hearing of a writ of habeas corpus: And provided also. That nothing in this act contained shall be construed to interefere with the provisions of an act, entitled "An act for the better securing of personal liberty and preventing ^7 unlawful imprisonment," passed on tlie eighteenth day of February, one thousand seven hundred and eighty-five, (2 Sm. 275; -Vol. XI, page 427,) commonly called the habeas corpus act. Sec. 3, Act of April 10, 1835, P. L. 133, supplementing the Act of March 23, 1826, P. L. 133. For provisions as to visitation of institutions in general, see chapter on "Visitors and Visitation," infra Chapter X. 127. INSPECTOKS OF COUNTY PRISON OF PHILADEL- PHIA MAY DELIVER COLORED CONVICTS TO COLORED- HOUSE OF REFUGE OF PHILADELPHIA. It shall and may be lawful for the inspectors of the prisons of the county of Philadelphia, under the direction of the court of quarter sessions, to transfer and deliver to the managers of the Colored House of Refuge of the city and county of Philadelphia, with their assent, any colored convicts, under the age of twenty-one committed to said prison; and when so transferred, they shall be dealt with as, other minors committed and delivered to the said managers. Sec. 6) Act of April 25, 1850, P. L. 569. Quaere: Whether this institution is the House of Refuge of Philadel phia, nov? Glen Mills Schools? 128. INDENTURING OF COLORED INMATES OF HOUSE OF REFUGE OF PHILADELPHIA. The board of managers of the House of Refuge, for the reformation of juvenile delinquents, in Phila- delphia, are hereby authorized whenever they may deem it for the interest of any colored inmate duly committed to their custody, to bind or indenture such colored inmate to service during his or her minority, although the party to whom the indenture may be made may be a citizen of one of the United States, other than this Com- monwealth : Provided, That no such indenture to service out of this Commonwealth, shall be made without the consent first given of such colored inmate: Provided further. That the said board of managers are not permitted to bind such colored inmates to persons residing within slave states. • Sec. 1, Act of April 22, 1858, P. L. 452, No. 4.53. See notes to section immediately preceding. (C) County Schools and County Industrial Homes. (1) County schools for the care, maintenance and instruction of male children committed by juvenile courts . 129. CERTAIN COUNTIES TO ESTABLISH SCHOOLS FOR CARE, MAINTENANCE AND INSTRUCTION OF MALE CHIL- DREN COMMITTED BY JUVENILE COURTS. In each county of this Commonwealth, now or hereafter containing a population of not less than tliree hundred thousand inhabitants, and not more than one million two hundred thousand inhabitants, as ascertained by the United States census, there shall be established a school, properly 68 . ^lyiPPed for the care, maintenance, and instruction of such male children as shall come within the provisions hereof. Such schools shall be supplementary to the school system of the Commonwealth, shall be kept open during the entire year, and shall be established on the cottage home plan. Sec. 2, Act of May 11, 1911, P. L. 262, amending Sec. 1, Act of May 1, 1909, P. L. 302. 130. CONSTEUCTION OF BUILDINGS. PLAYGROUNDS. WELPAEE OF CHILDREN TO BE PROVIDED FOR. The build- ings for said schools shall be substantially constructed and ade- quately lighted and ventilated, and provided with baths, playrooms, sleeping-rooms, and kitchens; and there shall be adequate provisions for playgrounds, as well as provisions for instruction in the common branches, and for manual and moral training; to the end that said schools shall as far as possible, during the period of detention, ade- quately provide for the mental, moral, and physical welfare and ad- vancement of the children therein detained. Sec. 2, Act of May 1, 1909, P. L. 302. 131. SCHOOLS TO BE ESTABLISHED UPON FARMS. CON- DEMNATION OP LAND. The schools herein provided for shall be established upon farms, ^ithin or without the limits of the said counties; and for said purpose such counties may acquire land by purchase or condemnation, with the same power and under the same procedure as land is now acquired within the limits of school dis- tricts for school purposes, under the acts of Assembly in such case made and provided ; the) board of managers of said school exercising the authoritiy exercised by school directors for said purposes, but no county shall exercise the power of condemnation except within the territorial limits of such county. Sec. 3, Act of May 1, 1909, P. L. 302. 132. SUPERINTENDENT TO PRESIDE QVER INSTITUTION. PAROLE OF INMATES. APPREHENSION AND RETURN. Such schools shall be presided over by a superintendent, who shall be a person trained in educational and social work, and shall have a power of detention over the children committed thereto. When any boy com- mitted to said schools shall have attained a condition of mental and moral advancement satisfactory to the superintendent and board of managers, they shall so certify to the juvenile court which has com- mitted him to said school; whereupon the said court may order his release upon parole, under conditions which shall be prescribed by said board of managers, subject to the approval and direction of the court; and in case the conduct of such boy released upon parole shall be such as to satisfy the board of managers that a further period of training is necessary said board shall have the power, through its 69 . agent or agents, at any time during his minority, to apprehend and return him to said school, where he shall remain subject to the same control as when originally committed, and in such case it shall be the duty of the superintendent, immediately, to notify the said court thereof. Sec. 1, Act of May 20, 1913, P. L. 263, amending Sec. i. Act of May 1, 1909, P. L. 302. 133. APPOINTMENT OF BOARD OF MANAGERS. TERMS. REPORTS. VACANCIES. REMOVAL. TO RECEIVE NO COM- PENSATION BUT EXPENSES. Such school shall be established and managed by a board of rdanagers. The judges of the court or courts of common pleas of such county shall appoint nine of said managers, who, with the county commissioners of such county, shall constitute said board. Under the first appointment, three of said managers shall be appointed to ser\'e for one year, three for two years, and three for three years, and thereafter three shall be ap- pointed annually, to serve for a term of three years. The time of the commencement of the terms of said managers shall be fixed by said judges, but shall not be later than July first, following the date of approval hereof. The board of managers shall as often as required, at least once every six months, report to the said judges, in the form by them prescribed. Said judges shall also have power to fill any vacancies in said board of managers, for unexpired terms, as well as the power, in their discretion, to remove any of said managers ap- pointed by them, at any time, and to fill the vacancies thereby created. Said managers shall receive no compensation, but the neces- sary expenses incurred in the performance of their duties shall be paid. Sec. 3, Act of May 11, 1911, JP. L. 262, amending Sec. 5, Act of May 1, 1909, P. L. 302. 134. WHO TO BE COMMITTED TO SUCH SCHOOLS. Said school shall receive boys upon the commitment of the juvenile court of such county; and such school may, upon a proper compensation being arranged for, receive boys committed thereto by the juvenile courts of counties other than that by which said school is maintained. See. 6, Act of May 1, 1909, P. L. 302. In view of the provisions of section 10 of the Act of April 23, 1903, P. L. 274, supra section 39, which provides as follows: "It shall not be lawful to commit the custody of any neglected or dependent child * * * * * * to any institution of correction or reformation in which de- linquent children are received. Nor shall any delinquent child be com- mitted to any institution in which dependent or neglected^ children are re- ceived," male delinquent children only, should be committed to such school. 135. COUNTIES TO PAY FOR ESTABLISHMENT AND MAINTENANCE OP SCHOOLS. ANNUAL ESTIMATES AND APPROPRIATIONS. BOND ISSUES. IN CASE OF DISPUTES -70 COURTS TO CERTIFY AMOUiv'T OF APPROPRIATIONS RE- QUIRED. The counties hereby required to establish and maintain schools, as aforesaid, shall pay for the establishment and mainte- nance thereof out of the general county funds. On or before the fif- teenth day of January of each year, the said board of managers shall make up an estimate of the amount of money required during the ensuing calendar year for the acquiring of lands, making of improve- ments,' equipment and maintenance of such school, during the ensuing calendar year; which estimate shall be certified to the county commissioners, in order that they may make provision for thje maintenance of said school in the annual tax levy; and for the establishment, extension, improvement, or equipment thereof, either in the annual tax levy or by issue of bonds, as the county commis- sioners shall deem wise. Should the said board and the said com- missioners differ in' their judgment as to any amount of money re- quired, as aforesaid, the matter shall be submitted to a court of common pleas of said county, which court, after investigation, shall certify the amount required, and its decision shall be final. See. 1, Act of March 15, 1911, P. L. 18, amending Sec. 7, Act of May 1, 1909, P. L. 302. 136. APPROPRIATIONS TO SCHOOL. AUDIT. The county commissioners of any county in this Commonwealth having a popu- lation of not less than seven hundred fifty thousand, nor more than twelve hundred thousand, inhabitants, are hereby authorized and empowered, from time to time, upon the written request of the board of managers of any of the juvenile school or farm contained therein, as established by the act of Assembly approved the first day of May, one thousand nine hundred and nine, (P. L. 302,) en- titled "An act requiring counties now or hereafter containing a popu- lation of not less than seven hundred and fifty thousand, and not more than one million two hundred thousand inhabitants, to estab- lish and maintain schools for the care and education of male chil- dren under the jurisdiction of the juvenile courts, and conferring the powers and regulating the proceedings for the establishment, maintenance, and management thereof," and the various supplements thereto, to turn over to said board of managers, for the maintenance, equipment and construction of f^aid juvenile school or farm, from the amounts appropriated thereto during each fiscal year, from time to time, sums of money, not less than ten thousand dollars (|10,000) each time, by warrantarawn on the county treasurer, to be first countersigned by the county controller, in such form as may be now used for the disbursement of funds for general county purposes; and all of such moneys, expended on account of said school by said board of managers, shall be accounted for to. and be subject to audit 71 by, the county controllei- in eacli of said counties, in manner now provided by law. Sec. 1, Act of May 20, 1913, P. L. 262. 137. TEACHEES. SALARIES OF TEACHERS. Said board of managers shall determine the number of teachers and other persons necessary for the proper conduct of the said school, and shall fix the salaries to be paid to them as well as to the superintendent afore- said. Sec. 8, Act of May 1, 1909, P. L. 302. 138. OFFICERS OP BOARD OP MANAGERS. EXPEIs^SES OF SCHOOL HOW PAID. ALLOWANCE TO INMATES. Said board of managers shall annually elect, fiom their own number, a president and a sectetary. The said president and secretary, upon direction of the board, shall issue certificates for aU moneys to be paid for the purposes of the said school, which certificates shall be exchangeable at the office of the county commissioners for such form of warrants or orders as may be in use for thte disbursements of funds for general county purposes ; and all moneys expended on account of said schools shall be paid and accounted for in the same manner as moneys ex- pended for general county purposes. Any moneys realized from the sale of any products of said schools, or the farms connected therewith, shall be paid into the couny treasury, and become a part of the general county fund; but the said board of managers, in its discretion, may provide for allowing a portion of the earnings of said school to be paid to the boys producing the same. Sec. 9, Act of May 1, 1909, P. L. 302. (2) ^ County Schools for the Care, Maintenance and Instruction of Female Children Committed by Juvenile Courts. 139. CERTAIN COUNTIES TO ESTABLISH SCHOOLS FOR CARE, MAINTENANCE AND INSTRUCTION OF FEMALE CHIL- DREN COMMITTED BY JUVENILE COURTS. In each county of this Cominonwealth now or hereafter containing a population of not less than seven hundred and fifty thousand, and not more than one ■ mUUon two hundred thousand, inhabitants, as ascertained by the United States census, there shall be established a school properly equipped for the care, maintenance, and instruction of such female children as shall come within the provisions hereof. Such schools shall be supplementary to the sphool system of the Commonwealth, shall be kept open during the entire year, and shall be established on the cottage home plan. Sec. 1, Act of May 5, 1915, P. L. 244. 72 140. OONSTRUGTION OF BUILDINGS. PLAYGROUNDS. WELFARE OF CHILDREN TO BE PROVIDED FOR. The build- ings for said schools shall be substantially constructed, and adequately lighted and \entilated, and piovided with baths, playrooms, sleeping rooms, and kitchens ; and there shall be adequate provisions for play- grounds, as well as provisions for instruction in the common branches, and for manual, domestic, and moral training; to the end that said schools shall, as far as possible, during the period of detention, adequately provide for the mental, moral, and physical welfare and advancement of the children therein detained. Sec. 2, Act of May 5, 1915, P. L. 244. 141. SCHOOLS TO BE ESTABLISHED UPON FARMS. CON- DEMNATION OF LAND. The schools herein provided for shall be established upon farms, within the limits of the said counties; and for said purpose such counties may acquire as much land as shall be necessary, by purchase or condemnation, with the same power and under the same procedure as land is now acquired within the limits of school districts for school purposes, under the acts of Assembly in such case made and provided ; the board of managers of said school exercising the authority exercised by school directors for said purposes. Sec. 3, Act of May 5, 1915, P. L. 244. 142. FEMALE SUPERINTENDENT. PAROLE OF INMATES. APPREHENSION AND RETURN. Such school shall be presided over by a female superintendent, who shall be a person trained in educational and social work, and shall have the power of detention over the children committed thereto. When any girl committed to said schools shall have attained a condition of mental and moral ad- vancement satisfactory to the superintendent and board of managers, they shall so certify to the juvenile court which has committed her to said school, whereupon the said court may order her release upon parole, under conditions which shall be prescribed by said board of managers, subject to the approval and direction of the court; and in case the conduct of such girl released upon parole shall be such as to satisfy the board of managers that a further period of training is necessary, said board shall have the power, through its agent or agents, at any time during her minority, to apprehend and return her to said school, where she shall remain subject to the same control as when originally committed; and in such case it shall be the duty of the superintendent immediately to notify the said court thereof. Sec. 4, Act of May 5, 1915, P. Iv. 244. 143. BOARD OF MANAGERS. TERMS OF OFFICE. RE- PORTS. VACANCIES. REMOVAL. BOARD TO RECEIVE NO COMPENSATION BUT EXPENSES. Such school shall be estab- 73 lished and managed by a board of nine managers, of whom five shall be women. The judges of the court or courts of common pleas of such county shall appoint said managers. Upon the first appointment, three of said managers shall be appointed to serve for one year, three for two years, and three for three years ; and thereafter three shall be appointed annually, to serve for a term of three years. The time of the commencement of the term of said managers shall be fixed by said judges, but shall not be later than July the first. Anno Domini one thousand nine hundred and fifteen. The board "of managers shall, as often as required, at least once every six months, report to the said judges in the form by them pre- scribed. Said judges shall also have power to fill any vacancies in said board of managers, for unexpired terms, as well as the power, in their discretion, to remove any of said managers appointed by them, at any time, and to fill the vacancies thereby created. Said managers shall receive no compensation, but the necessary expenses incurred in the performance of their duties shall be paid. Sec. 5, Act of May 5, 1915, P. L. 244. 144. WHO MAY BE COMMITTED TO SCHOOL. Said school shall receive girls upon the commitment of the juvenile court of such county; and such school may, upon a proper compensation being arranged for, receive girls committed thereto by the juvenile courts of counties other than that by which said school is maintained. ■ Sec. 6, Act of May 5, 1915, P. L. 244. , In view of the provisions of section 10 of the Act of April 23, 1903, P. L. 274, supra section 39, which provides as follows: "It shall not be lawful to commit the custody of any neglected or dependent child * * * * * to any institution of correction or reformation in which de- linquent chilren are received, nor shall any delinquent child be committed to any institution in which dependent or neglected children are received," female delinquent children only should be committed to such school. 145. SCHOOLS HOW MAINTAINED. ESTIMATES AND AP- PROPRIATIONS. BOND ISSUES. IN CASE OF DISPUTES, COURTS TO CERTIFY AMOUNT OF APPROPRIATIONS RE- QUIRED. The counties hereby required to establish and maintain schools, as aforesaid, shall pay for tlie establishment and mainte- nance thereof out of the general county funds. On or before the fifteenth day of January of each year, the said board of managers shall make up an estimate of the amount of money required during the ensuing calendar year,- for the acquiring of lands, making of im- provements, equipment, and maintenance of such school during the ensuing calendar year ; which estimate shall be certified to the county commissioners, in order that they make provision for the maintenance of said school in the annual tax levy ; and for the establishment, ex- tension, improvement, or equipment thereof, either in the annual tax levy or by issue of bonds, as the county commissioners shall deem 74 wise. Should the said board aud the said commissioners differ in their judgment as to any amount of money required, as aforesaid, the matter shall be submitted to a court of common pleas of said county, which court, after investigation, shall certify the amount required, and its decision shall be final. The said county commis- sioners may also, upon the request of said board of managers, prior to the year nineteen hundred and sixteen, issue bonds for the establish- ment of such school, or appropriate to tiie same or to the maintenance thereof, out of the county treasury, such sums as they may find it convenient to so expend. Any bonds issued for the purposes aforesaid shall be issued in compliance with the existing law covering the issue of bonds by county commissioners, for the erection or repair of public buildings. Sec. 7, Act of May 5, 1915, P. L. 244. 146. TEACHERS. Said board of managers shall determine the number of teachers and other persons necessary for. the proper conduct of the said school, and shall fix the salaries to be paid to them as well as to the superintendent aforesaid. Sec. 8, Act of May 5, 1915, P. L. 244. 147. PRESIDENT AND SECRETARY OF BOARD OF MAN- AGERS. Said board of managers shall annually elect from their own number a president and a secretary. Sec. 9, Act of May 5, 1915, P. L. 244. 148. , APPROPRIATIONS. AUDIT. Upon tiie written request of said board of managers, certified to them by its president and^ secre- tary, the county commissioners of the said counties are empowered to pay over to said board, from time to time, out of the amounts ap- propriated for each fiscal year, as aforesaid, for the establishment, construction, extension, improvement, equipment, and maintenance of said school, sums of not less than five thousand (|5,000.00) dollars, by warrant draWn on the county treasurer and countersigned by the county controller of the proper county, in the form now in use for the disbursement of funds for general county purposes. And all of such funds, expended on account of said school by its said board of managers, shall be accounted for to, and be subject to audit by, the county controller of the proper county, in the manner now provided by law. Sec. 10, Act of May 5, 1915, P. L. 244. 149. MONEYS REALIZED FROM SALE OP PRODUCTS. IN- MATES MAY RECEIVE EARNINGS. Any moneys realized from the sale of any products of said schools or the farms connected there- with shall be paid into the county treasury, and become a part of the general connty fund; but the said board of managers, in its 75 discretion, may provide for allowiug a portion of the earnings of said school to be paid to the girls producing the same. Sec. U, Act of May 5, 1915, P. L. 244. (3) County Industrial Homes for the Care and Training of Children. 150. ESTABLISHMENT OF INDUSTRIAL HOMES BY COUN- TIES FOE CARE AND TRAINING OF CHILDREN. It shall be lawful for any county or for two or more counties in this Common- wealth acting together, to establish and maintain an industrial home for the care and training of children; but such institution or home shall be remote from any almshouse or poorhouse, and entirely dis- connected from the same, and under separate management from the keeper of the poorhouse. See. 3, Act of June 13, 1883, P. L. HI. (D) Municipal Institutions. (1) House of Correction, Employment and Reformation of Phila- delphia . 151. TRANSFER OF INMATES FROM BLOCKLEY AND COUNTY PRISON. COMMITMENT OF VAGRANTS, HABITUAL DRUNKARDS, STREET WALKERS AND DISORDERLY PER- SONS. (MINORS). TRANSFER OP INMATES OF POOR- HOUSES. (Whenever the managers of the house of correction, em- ployment and reformation shall desire to make any additional perma- nent improvement, or purchase additional ground, and shall recom- mend that the same be done, and after the committee of councils of Phladelphia on house of correction shall endorse the said recomme^nda- tion, then the councils of the city of Philadelphia shall make all necessary appropriations asked for by the said managers, for the purposes so recommended ; and the managers of the house of correc- tion, employment and reformation shall have power to superintend and direct the erection, completion and furnishing of said buildings during the progress of the said work. The said managers may extend from their property a single track railroad along and -over such lands as may intervene between their ground and the Philadelphia and Trenton Railroad Company, and connect therewith: Provided, The said railroad company assent thereto, (the distance of the said road not to exceed two thousand yards,) and to purchase right of way over the land to Philadelphia and Trenton railroad, and to erect wharves upon their property; the managers may provide for such inmates as may be necessary to aid in the construction of the permanent building, and after the two first wings have been furnished,) the said board of managers shall have full and entire control to regulate the inmates therein, and shallat such time as they think proper, certify to the court of quarter sessions and to the board of managers of the 76 Blockley almshouse, which court and managers and the inspectois 01 the Philadelphia county prison respectively thereafter commit to the said house of correction, employment and reformation, such able-bodied paupers and vagrants as may have been committed or sentenced to be confined in the county prison or Blockley almshouse for a period of not less than three months; and it shall be the duty of the said judges of the court of quarter sessions and the inspectors of the Philadelphia county prison to commit to said house of correc- tion, employment and reformation, all vagrants, habitual drunkards, street walkers and disorderly persons, (adult or) minors, whom they may deem best to so confine ; and it shall be the duty of the managers of the Blockley almshouse, managers of the poor for township of Germantown, managers of Lower Dublin and Oxford poor house, to transfer, within twenty-four hours after entrance in said almshouse, all ablebodied paupers, (adults or) minors, except such as may be necessary to employ in the service of said almshouses. Sec. 2, Act of June 2, 1871, P. I.. 1301. 152. COMMITMENT T6 INSTITUTION. INSTRUCTION AND BINDING OUT OP INMATES. The managers of the house of cor- rection, employment and reformation, or any one of them, may commit thereto any and all persons who are willing to be so committed ; and title mayor and recorder of the city of Philadelphia, the inspectors of the county prison, and all committing magistrates in the city and county of Philadelphia, may and they are hereby authorized to commit to said house of correction, employment and reformation, for any period of time not less than three nor more than twelve months, all or any person or persons'who, under existing laAvs, are liable to be committed to places of confinement, who shall apply to them for such purpose; all persons, (adults or) minors, that may hereafter be convicted, according to the existing laws of this Commonwealth, before the mayor or recorder, or any alderman of the city of Phila- delphia, as a vagrant, drunkard or disorderly street walker, shall be sentenced to suffer confinement in the said house of correction, em- ployment or reformaj:ion for the terms hereinafter mentioned, and to be fed, clothed and treated in the manner hereinafter mentioned; and any minors not under sixteen years of age, except by permission of the board of managers, absenting themselves from school, or who shall disobey their parents' command, or be found idle in tlie streets, may be arrested, upon the complaint of the parents of said minor, or upon the complaint of any citizen, and after the examination of the case, if the mayor, recorder or magistrate shall deem the charges sustained, he shall commit said minor to the house of correction, employment and reformation for such length of time as he may regard proper: Provided, That the time of incarceration for a boy shall not exceed his maturity, twenty-one years of age, nor a girl beyond the 77 age of eighteen years, except in cases where a commitment for the time heretofore named, of not less than three months, nor more than twelve months, would exceed the ages specified; and managers shall have power, in their discretion, to place the said children committed to their care, during the time of commitment of the said children, at such employments, and cause them to be instructed in such branches of useful knowledge as may be suited to their years and capacities, and to place them at such work as they may be able to do, and to bind them* out to such tradesmen or employers as may offer to receive them until the expiration of their commitment, under such regulations and conditions as the managers may agree upon. Sec. 3, Act of June 2, 1871, P. L. 1301. 153. COMMITMENT OP CEETAIN CHILDEEN OVER THE AGE OF SIXTEEN. All children, not under the age of sixteen years, deserting their homes without good and sufllcient cause, or keeping company with dissolute or vicious persons, against the lawful com- mands of their fathers, mothers or guardians, or other person stand- ing in the place of a parent, shall be deemed disorderly children. Sec. i. Act of June 2, 1871, P. L. 1301. Part of the jurisdiction of the Municipal Court of Philadelphia seems to be conferred with a view of embracing those cases in which convicted persons were formerly sentenced to the House of Correction, Employ- ment and Reformation in Philadelphia by the mayor and aldermen of this city. The jurisdiction above referred to, which is exclusive, is found in the Act of June 17, 1915, P. L. 1017, amending section 11, of the Act of July 12, 1913, P. L. 711, and is as follows: "(c) In all proceedings concerning, or trials of charges brought against, all persons, whether adults or minors, accused of disorderly street- walking. (d) In all proceedings concerning, or trials of charges brought against, aU minors between the ages of sixteen and twenty-one years who shall disobey their parents' command, or be found idle in the streets, and against aU disorderly children. (e) AU children not under the age of sixteen years deserting their homes without good and sufficient cause, or keeping company with dissolute or vicious persons, against the lawful commands of their fathers, mothers or guardians, or other person standing in the place of a parent, shall be deemed disorderly children." 154. COMPLAINT AND ARREST OF CHILDREN OVER THE AGE OF SIXTEEN. Upon complaint made on oath to any police magistrate or justice of the peace against any child within the city of Philadelphia, not under the age of sixteen, by his or her parent or guardian, or other person standing to him or her in place of a parent, as being disorderly, such magistrate or justice shall issue his warrant for the apprehension of the offender, and cause him or her to be 78 brought before himself or any other police magistrate or justice for examination. Sec. 5, Act of June 2, 1871, P. L. 1301. .155. PEOCEEDINGS BEFORE MAGISTRATES AND JUS- TICES, FOR COMMITMENT OF MINORS. APPEALS BY PER SONS COMMITTED. If such magistrate or justice be satisfied, by competent testimony, that such person is a disorderly child within the description aforesaid, he shall make up and sign a record of con- viction thereof, and shall, by warrant, under his hand, commit such person to the house of correction, employment and reformation; and the powers and duties of the said managers in relation to the said children shall be the same in all things as are prescribed as to other minors received by them; and it shall be the duty of such magistrate or justice as aforesaid, in addition to the record of con- viction, to annex the names and residfence of the different witnesses examined before him, and the substance of the testimony given by them respectively on which the said conviction was founded: Pro- vided, That any person committed shall have the same right of appeal as is now secured by law to persons convicted of criminal offences; but no such appeal mere informality in the issuing of any warrant shall not be held to be sufficient cause for granting a discharge. Sec. 6, Act of June 2, 1871, P. L. 1301. Since the Act of March 26, 1903, P. L. 66, supra section 34, justices of the peace and magistrates no longer have the power to commit minors under the age of sixteen. 156. HABEAS CORPUS. Any person committed to the said house of correction, employment and reformation, by any other au- thority than the court of quarter sessions of the peace of the city and county of Philadelphia, may apply for a writ of habeas corpus to any judge of the said court, and upon return thereof, if such judge shall deem there is sufficient or reiisonable ground for granting the same, he shall enter upon a re^hearing of the evidence, and either discharge the individual, modify or confirm the commitment. Sec. 13, Act of June 2, 1871, P. h. 1301. 157. EMPLOYMENT OF INMATES OP INSTITUTION. Every person in the custody of the said board of managers, not disqualified by sickness or casualty, shall be employed by the superintendent in quarrying stone, cultivating the ground, manufacturing such articles as may be needed for the prison, almshouse, other public institution of the State or city, or for other persons, and at such other labor as shall, upon trial, be found to be profitable to the institution, and suitable to its proper discipline and to the health and capacities of the inmates; and the superintendent may detail such numbers of 79 the inmates as lie may regard pioper to do the work, outside of grounds of the institution, for any of the departments or institutions of the city, or for such other persons as may be approved by the board of managers. Sec. 7, Act of June 2, 1871, P. L. 1301. 158. PENALTY UPON INMATES REFUSING OR NEGLECT- ING TO WORK. RECORDS TO BE KEPT. EXAMINATION OF SUCH INMATES BY PHYSICIAN. If any person committed to 1^e said house of correction, employment and reformation, according to law, shall refuse or neglect to perform the work assigned to him or her, it shall be the duty of the superintendent to punish such persons by close confinement, on a diet of bread and water only, for such time as may be deemed necessary; which refusal and punishment shall be forthwith reported to the managers, and shall, by the clerk of the board, be recorded in a book to be kept for that purpose; it shall be the duty of the physician of the institution to visit every person, so confined for punishment, at least once in each and every twenty-four hours, and he shall record, in a book to be kept for that purpose, his opinion upon the health of the person confined ; upon his opinion being given of said confinement acting injuriously thereon, the said con- finement or diet shall be altered in such manner as he shall direct. Sec. 8, Act of June 2, 1871, P. L. 1301. 159. MISDEMEANOR BY INMATES. PENALTY. Any inmate of said institution who shall wilfully break, destroy or injure any material, machinery, tool, property oi* thing belonging to the said institution, or shall escape therefrom, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of record of the county of Philadelphia, may be punished by imprisonment at hard labor for not less than one montli or more than one year. Sec. 9, Act of June 2, 187i, P. L. 1301. (E) Miscellaneous Institutions. (1) Homes for Friendless Children. 160. HOMES FOR FRIENDLESS MAY PETITION COURTS FOR COUNTY, AID. The board of trustees and the board of man- agers, or a majority of each thereof, of any school, commonly known as a home for friendless children, or institution for the purpose of educating and providing for friendless, destitute or vagrant children, now formed, organized or established, or that may hereafter be formed, organized or established in this Commonwealth, not of a denomina- tional or sectarian character, shall have the right to petition the judge or judges of the court of common pleas of the county in which said school or institution is located, asking for a decree authorizing and directing the payment of moneys out of the funds of said county, 80 for the education and support of the children of such school or in- stitution ; said petition shall set forth, under the Oath or aflarmation of the president of the board of trustees and the president of the board of managers of such school or institution, the number of chil- dren cared for during the current year, the number of children bound out or apprenticed, and the age and sex of- the same, the income and expenditures of such school or institution, the cost of educating and maintaining the children per "capita, and such other matter relative to tie wants and condition of the school or institution,. and the wel- fare and advancement of the children, as the said court may direct for its information. Sec. 1, Act of April 12, 1875, P. L. 46, No. 51. See infra section 205 relating to visitation by official visitors. 161. POWEES OF COURT WITH RESPECT OP PAYMENT OP MONEYS BY COUNTIES TO HOMES FOR FRIENDLESS. MAN- NER OF PAYMENT. The court of common pleas have the power, and it shall be their duty, on the presentation of a petition as provided for ■in the preceding section, after full investigation of the same, to order and direct the commissioners of the county or city in which such school or institution is situate, to pay to the treasurer of such school or institution, out of the county funds, such sum or sums of money and in such installments as in the discretion of the said court may be deemed just and necessary; and it shall be the duty of the said com- missioners to draw their warrant upon the county or city treasurer for the payment of such appropriation in such manner and form as shall be provided for by the said court. Sec. 2, Act of April 12, 1875, P. L. 46, No. 51. 162. APPOINTMENT OF TRUSTEES AND MANAGERS. ITEMIZED ACCOUNTS. PUBLICATION OF ACCOUNTS. AUDIT AND SETTLEMENT OF ACCOUNTS. The court of com- mon pleas shall appoint one-third in number of the trustees and managers of any such school or institution accepting the benefits of this act; (and shall have power,) to require the treasurer of any such school or institution to furnish the county or city commissioners an itemized account of the receipts and expenditures of such school or institution at the end of each fiscal year; to advertise the same in not less than two weekly newspapers published in the county, sup- porting any such school or institution, one insertion weekly, for four successive weeks; and to require the county auditors, controllers or city controllers, of any city or county, as the case may be, and it shall be the duty of said officers, to audit, settle and adjust the ac- count of the said treasurer, and to make report thereof to the said court. Sec. 3, Act of April 12, 1875, P. L, 46, No. 51. 81 6 163. ADMISSION OF DESTITUTE AND VAGRANT CHIL- DREN TO HOMES FOR FRIENDLESS. REFUSAL TO ADMIT. When any such school or institution has accepted the provisions of this act and has sufficient building capacity, the management thereof shall admit to the benefits of any such school or institution any friendless, destitute or vagrant child, recommended for admission by the board of school directors of the school district in which such child may reside or be found, or by the directors of the poor of any county in which such school or institution is located, guardians of the poor, overseers of the poor or poor directors, as the case may "be, of any city or district included in said county; in case any child is refused admission, the said court of common, pleas, on complaint made thereto by any person after due and legal proof of such refusal, shall enjoin the payment of moneys out of the county funds as authorized by this act : Provided however, That no child shall be admitted under the age of four years nor above the age of sixteen. Sec. 4, Act of April 12, 1875, P. L. 46, No. 51. 164. ACCEPTANCE OF ACT. EMPLOYMENT OF TEACHERS. The board of trustees and the board of managers of any such school or institution desiring to accept the provisions of this act, shall set forth the same in their first petition presented to the said court of common pleas, as authorized in the first section of this act; no teacher shall be employed in any such school or institution who has not re- ceived a valid certificate from the superintendent of the schools of the county in which such school or institution is situate. Sec. 6, Act of April 1875, P. L. 46, No.' 51. (2) Philadelphia Protectory. 165. COMMITMENT OF MALE JUVENILE OFFENDERS TO PHILADELPHIA PROTECTORY FOR BOYS. From and after the passage of this act, it shall be lawful for judges of the courts of quarter sessions of the peace, magistrates and justices of the peace in this Commonwealth to commit, with the consent of parent, guardian or custodian, vicious or incorrigible minors, of the male sex, to the Philadelphia Protectory for Boys, located at Protectory, Montgomery County, Pennsylvania. Sec. 1, Act of May 11, 1801, P. L. 187, No. 155. With regard to commitment by magistrates and justices of the peace of minors under sixteen years of age, gee section 1, Act of March 26, 1903, P. L. 66, supra section 34. 166. WHEN COMMITMENT TQ PHILADELPHIA PROTEC- TORY TO BE MADE. Such commitment shall be made by any judge, magistrate or justice, as aforesaid, upon complaint and due proof that 82 such minor, by reason of incorrigible behavior or vicious conduct, has become beyond the control of his parents, guardians or custodians. Sec. 2, Act of May 11, 1901, p. L. 187, No. 155. See note to section immediately preceding. (3) Incorporated Societies. 167. COMMITMENT OP DELINQUENTS TO INOOKPORATED SOCIETIES HAVING FOR ITS OBJECT PROTECTION OF CHIL- DREN FROM CRUELTY, OR THE PLACING OF CHILDREN. It shall be lawful for any society duly incorporated, having for one of its objects the protection of children from cruelty or the placing of children not otherwise provided for in families, to receive into its care and guardianship, at its discretion, minors committed to such care and guardianship by any justice of the peace, magistrate or judge of any court, upon complaint and due proof made, first, that such minor by reason of incorrigible, unmangeable, vicious or way- ward conduct is beyond the control of the parent or guardian of such infant, or, second, that the parents of such minor by reason of vag- rancy, incorrigible or vicious conduct, criminal offense, moral depra- vity or cruelty, are unfit to have the training and control of such minor, or, third, that the said minor is a vagrant and has no parent or guardian capable or willing to restrain, manage or take proper care of such minor, or the said society may receive under its care and guardianship any minor as aforesaid, when such minor has been com- mitted to its care and guardianship by the judge of any court after said minor shall have been duly convicted of any criminal offense. Sec. 1, Act of June 8, 1893, P. L. 399. Tlie Act of April 23, 1903, P. L. 274, section 10, supra section 39, makes it unlawful to commit the custody of any negleoted or dependent child * * * * to any institution of correction or reformation in which delinquent children are received, or to commit any delinquent child to any institution in which dependent or neglected children are received. See sections 5 and 6 of the Act of June 8, 1893, P. L. 399, infra sections 200 and 204 relating to the binding out of children and visitation of the children committed. 168. POWER OF .lUSTICES OF THE PEACE, MAGISTRATES AND COURT TO COMMIT DELINQUENT CHILDREN. It shall be lawful for any justice of the peace, magistrate or judge of any court to commit minors to any society duly incorporated, having for one of its objects the protection of children from cruelty or the placing of children not otherwise provided for in families, upon complaint and due proof made of facts such as are set forth in the first section of this act after the said minors have been duly convicted of any criminal offense. Sec. 2, Act of June 8, 1893, P. L. 399. 83 Justices of the peace and magistrates no longer have the power to commit children under the age of sixteen, see section 1, Act of March 26, 1903, P. L. 66, supra section 34. 169. NAMES AND ADDRESSES OP WITNESSES AND SUB- STANCE OF EVIDENCE TO BE ATTACHED TO COMMITMENT. It shall be the duty of the justice of the peace or magistrate aforesaid committing a vagrant or incorrigible or vicious minor as aforesaid, or any minor as provided in section one of this act, to annex to his commitment the names and residences of the different witnesses ex- amined before him and the substance of the testimony given by them respectively on which the said adjudication was founded. Sec. 3, Act of June 8, 1893, P. L. 399. See notes to section immediately preceding. 170. ACTS OP MAGISTRATES, ETC., COMMITTING DELIN- QUENTS, TO BE REVIEWED BY JUDGE. DELINQUENTS TO BE DETAINED OR DISCHARGED. It shall be the duty of any magistrate or justice of the peace making a commitment as provided in the first and second sections of .this act of a minor to any society to transfer his commitment, together with the various matters annexed thereto as provided in the third section of this act, to the district attorney of the county in which said commitment shall be made, and it shall be the duty of the district attorney when the same shall be placed in his hands, or as soon as it is possible thereafter, to place the said commitment, with the matters annexed, in th& hands of a judge sitting at quarter sessions, who shall examine the same and shalL endorse thereon an order for the detention of the said minor by the said society, or if he shall be of the opinion that the said minor has been wrongfully committed, he shall endorse upon the commitment an order for the discharge of the said minor : Provided, That nothing in this act contained shall be construed to interfere with the provi- sions of an act, entitled "An act for the better securing of personal liberty and preventing unlawful imprisonment," passed on the eigh- teenth day of February, one thousand seven hundred and eighty-five, commonly called the habeas corpus act. Sec. 4, Act of June 8, 1893, P. L. 399. See notes to section 2 of this act, supra section 168. 84 VII. DETENTION, CONTROL AND BOARDING-OUT OF DELIN- QUENT, DEPENDENT AND NEGLECTED CHILDREN. FOR DETENTION AND CONTROL OF CHILDREN IN PARTI- CULAR INSTITUTIONS SEE THE FOLLOWING SECTIONS: Sections . Pennsylvania Industrial Refonnatoi-y at Huntingdon 69,74,77,78 Pennsylvania Training School at Morganza, 87,95 State Industrial Home for Women at Muncy Station, 97-101 Glen Mills Schools, 115,116,119,122,124 House of Correction, Employment and Reformation of Philadel- phia, 151,152,157 171. CHILDREN BETWEEN AGES OF TWO AND SIXTEEN NOT TO BE DETAINED IN ALMSHOUSE OR POOR HOUSE. It shall not be lawful for the overseers or guardians or directors of the poor in the several counties, cities, boroughs and townships of this ,. Commonwealth, to receive Into, or retain in any almshouse or poor- house, any child between two and sixteen years of age for a longer time than sixty days, unless such child be an unteachable idiot, an epileptic or a paralytic, or otherwise so disabled or deformed as to render it incapable of labor or service. Sec. 1, 'Act of June 13, 1883, P. L. 111. 172. FEMALE JUVENILE OFFENDERS SUBJECT TO RE- STRAINT DURING MINORITY. Whenever a girl shall have been duly committed to a house of refuge or reform school within the Com- monwealth of Pennsylvania, the charge iand power of the manager.? of such institution, upon and over the said girl, shall continue in all cases during her minority. Sec. 1, Act of March 24, 1909, P. I^. 62. 173. INMATES OF, HOUSES OF REFUGE AND REFORM SCHOOLS UNFIT TO BE INDENTURED, MAY BE BOARDED OUT. Whenever, in the opinion of the board of managers of any house of refuge or reform school in this Commonwealth, it shall be for the best interests of any minor committed to it, that he or she shall leave the institution on parole, and there is no relative or guardian fit or capable of assuming the custody or care of such minor, and such minor is through mental or physical defects unfit to be indentured or placed out on wages or for a home, and it is necessary that board 85 shall be paid to secure a home, it shall be lawful for such house of refuge or reform school to pay such board as may be necessary, not exceeding in any case the current per capita charge, one-half of which is paid by the counties from which children are committed to such institution, and to charge the amount so paid to the current expenses of the institution ; and in the charges made to the county from which such minor has been committed, he or she shall be counted as an inmate from such county so long as he or she shall remain under the guardianship of such house of refuge or reform school. Sec. 1, Act of April 22, 1909, P. L. 113. 174. FEMALE OFFENDERS ABOUT TO BECOME MOTHERS TO BE LODGED OUTSIDE INSTITUTIONS. From and after the passage of this act, it shall be lawful for the warden or superintendent, or other person in charge of (any penitentiary, jail,) reformatory, (workhouse), or other penal institution within the Commonwealth, upon the application of any female prisoner or inmate about to become a mother, endorsed by the physician of such institution, to lodge such prisoner or inmate, in his discretion, and upon such terms and con- ditions and for such length of time as he shall see fit, outside such penitentiary, et cetera, at the time at which such prisoner or inmate may become a mother, and to make any expenditures which may seem to him proper for her care and that of her child, and to guard against her escape. Sec. 1, Act of May 8, 1913, P. L. 166. 175. EXPENSES OF LODGING FEMALE OFFENDERS OUT- SIDE OF INSTITUTIONS. HOW PAID. The expense so incurred shall be collectible as are the expenses of said female prisoner or inmate within such penitentiary, et cetera, under existing laws. See. 2, Act of May 8, 1913, P. L. 166. 176. RIGHT OF INMATES OF PENAL INSTITUTIONS TO PRACTICE RELIGION. All persons confined or detained in any (prison), reformatory, house of refuge, home, (hospital), or other institutions founded for the punishment, correction or crime, or the relief of the (sick and) friendless, and supported in whole or in part by the funds drawn from the public treasury, shall have the privilege of practicing the religion of their choice, and shall be at liberty to secure for that purpose the services of any minister connected with any religious denomination in the State ; Provided, That such services shall be personal to the inmate or inmates, and not interfere with the established order of religious services of the institution or institu- tions : Provided further, That such established services shall not be of a sectarian character. Sec. 1, Act of June 11, 1879, P. L. MO, No. 148. 86 VIII. EMPLOYMENT OF INMATES OP EEPOEMATORY AND COR RECTIONAL INSTITUTIONS. FOR PROVISIONS AS TO EMPLOYMENT OF CHILDREN IN PARTICULAR INSTITUTIONS SEE THE FOLLOWING SEC- TIONS: Sections. Pennsylvania Industrial Reformatory at Huntingdon, 77,78,86 Pennsylvania Training School at Morganza, 87 State Industrial Home for Women at Muncy Station 97-99,101 Glen Mills Schools, H9 House of Correction, Employment and Reformation of Philadel- phia, 152,157 177. EIGHT HOURS TO CONSTITUTE A DAY'S LABOR IN REFORMATORY INSTITUTIONS. From and after the passage of this act, eight hours out of the twenty-four of each day shall make and constitute a day's labor and service in the (penitentiaries and) reformatory institutions which shall receive support from appropria- tion made by the General Assembly of this Commonwealth, and by taxes levied and paid by the several counties thereof in whole or in part. See. 1, Act of May 20, 1891, P. L. 100. 178. SUPERINTENDENTS AND OFFICERS NOT TO ALLOW OR COMPEL MORE THAN EIGHT HOURS WORK. All superin- tendents and officers over, and all persons authorized to make con- tracts for, and to employ persons for labor and service or appoint under-officers in, for and around said (penitentiaries and) reformatory institutions mentioned in the first section of this act, are hereby for- bidden and prohibited under the penalties mentioned in the third section of this act, from allowing or compelling any of said employes or under-offlcers to give and serve any more than eight hours out of each twenty-four hours in such service or labor. Sec. 2, Act of May 20, 1891, P. Ij. 100. 179. GOVERNOR TO INVESTIGATE CHARGES OF VIOLAT- ING EIGHT HOUR LAW. SUSPENSION AND DISMISSAL OF PERSON GUILTY OF VIOLATING LAW. The Governor of this Commonwealth is hereby authorized and directed to execute and carry out the foregoing sections of this act, and is hereby authorized, 87 empowered aud directed, upon complaint and petition of any of the laborers, employes and-under-oflflcers mentioned in the foregoing sections, tliat he or they have been compelled or required to serve con- trary to the provisions of same foregoing sections of this act, to hear and determine the same, and in the event of it appearing to him that the provisions of this act have been violated or in any manner evaded he is authorized and empowered to suspend or dismiss from his office or post the officer, superintendent or other person determined to be guilty of violating or evading the same, and that such vacancy caused by the suspension or dismissal of said officers, superintendents or other persons so determined to have violated the provisions of this act, shall be filled in the manner heretofore provided by law. Sec. 3, Act of May 2a, 1891, P. L. 100. 180. EEPEAL. CONSTRUCTION OF ACT. (All acts or parts of acts inconsistent herewith be and the same are hereby repealed:) Provided, That this act shall not be construed to have reference to any institution wherein the employes are resident. Sec. 4, Act of May 20, 1891, P. L. 100. 181. EMPLOYMENT OP INMATES OF STATE REFORMA- TORY INSTITUTIONS IN BEHALF OF STATE. At the expiration of existing contracts the board of inspectors, wardens or other officers of State (prisons and) reformatory institutions are directed to em- ploy the convicts under their control for and in behalf of the State. Sec. 1, Act of June 13, 1883, P. L. 112, No. 99. 182. EMPLOYMENT OF INMATES OF REFORMATORY IN- STITUTIONS RECEIVING STATE AID. CONTRACT LABOR ABOLISHED. The cbief officers of the various reformatory insti- tutions, deriving their support wholly or in part from the State, are hereby directed at the expiration of existing contracts, to employ the inmates of said institutions for and in behalf of such institutions; and no labor shall be hired out by contract. Sec. 2, Act of June 13, 1883, P. L. 112, No. 99. 183. EMPLOYMENT OF INMATES OF COUNTY REFORMA- TORY INSTITUTIONS. The officers of the various county (prisons, workhouses and) reformatory institutions within this Commonwealth, now letting the labor of convicts by contract, shall, at the expiration of existing contracts, employ the same for and in behalf of their respective counties. Sec. 3, Act of June 13, 1883, P. L. 112, No. 99. This section seems to apply only to county institutions. 184. INMATES OF COUNTY REFORMATORY INSTITUTIONS. NUMBER OF TO BE EMPLOYED IN CERTAIN VOCATIONS. The officers of the various county (prisons, workhouses, and) reforma- 88 tory institutions, within the Commonwealth of Pennsylvania, shalJ not employ more than five per centum of the whole number of inmates in said institutions in the manufacture of brooms and brushes and hollow-ware, and ten per centum in the maufacture of any other kind of goods, wares, articles, or other things that are manufactured else- where in the State, except mats and matting, in the manufacture of which twenty per centum of the whole number of inmates may be employed. Provided, This act. shall not apply to goods manufactured for use of the inmates of such institution, or for "any institution or the inmates of any institution supported, wholly or in part, by the county in which the prison, workhouse, or reformatory institution is located, or for the use of the county itself. See. 1, Act of June 1, 1915, P. L. 654, amending Sec. 2, of the Act of June 18, 1897, P. L. 170, as amended by Sec. 1 of the Act of April 28, 1899, P. L. 122. This section seems to apply only to county institutions. 185. EMPLOYMENT OF INMATES OF PENAL INSTITU- TIONS. All persons sentenced (to the Eastern or Western Peni- tentiary, or) to the Pennsylvania Industrial Eeformatory at Hunt- ingdon, or to any other correctional iustitutipn hereafter established by the Commonwealth, who are physically capable of such labor, may be employed at labor for not to exceed eight hours each day, other than Sundays and public holidays. Such labor shall be for the purpose of the manufacture and production of supplies for said institutions, or for the Commonwealth or for any county thereof, or for any public in- stitution owned, managed, and controlled by the Commonwealth, or for the preparation and manufacture of building material for the construction or repair of any State institution, or in the work of such construction or repair, or for the purpose of industrial training or instruction, or partly for one and partly for the other of such purposes, or in the manufacture and production of crushed stone, brick, tile, and culvert pipe, or other material suitable for draining roads of the State, or in the preparation of road building and ballast- ing material Sec. 1, Act of^June 1, 1915, P. L. 656. 186. PRISON LABOR COMMISSION. EMPLOYES. A member of the board of prison inspectors of the Eastern Penitentiary, desig- nated by such board ; a member of the board of prison inspectors of the Western Penitentiary, designated by such board; and a member of the board of managers of the Pennsylvania Industrial Reformatory at Huntingdon, designated by such board, shall constitute the Prison Labor Commission, which commission shall perform the duties here- inafter specified with reference to the regulation and supervision of the labor of inmates of the (penitentiaries and) reformatory, and other correctional institutions hereafter established by this Com- 89 monwealth, and for the disposal of the products of the labor of such inmates. The members of this commission shall serve without salary, / but they shall be allowed their expenses actually and necessarily;' incurred in the discharge of their duties. The Prison Labor ComV mission is empowered to employ such clerks or other employes as are necessary for the proper conduct of its business, at such salaries as shall be determined by the commission. Sec. 2, Act of June 1, 1915, P. L. 656. 187. DUTIES OP PRISON LABOR COMMISSION. The Prison Labor Commission shall determine the amount, kind, and character of the machinery to be erected in each of the (penitentiaries and) re- formatory, or other correctional institutions hereafter established, the industries to be carried on therein, having due regard to the lo- cation and convenience thereof with respect to other institutions to be supplied, to the machinery therein, and the number and character of inmates. Sec. 3, Act of June 1, 1915, P. L. 656. 188. SALE OP MATERIALS PRODUCED. The Prison Labor Commission shall arrange for the sale of the materials produced by the prisons, to the Commonwealth, or to any county thereof, or to any of the public institutions owned, managed, and controlled by the Commonwealth. Sec. i. Act of June 1, 1915, P. L. 656. Quaere: Whether this section was not meant to include reformatories and correctional institutions as ia the rest of the act, as well as prisons . 189. APPROPRIATION FOR MANUFACTURING FUND. For the purchase of material, equipment, and machinery to be used in the (penitentiaries,) reformatory, and other correctional institutions as aforesaid, a special appropriation of seventy-five thousand dollars shall be made to the Prison Labor Commission, to be known as the manufacturing fund. Sec. 5, Act of June 1, 1915, P. L. 656. 190. -APPROPRIATION FOR EXPENSES OF COMMISSION. FUND FROM SALE OF PRODUCTS. MONTHLY REPORT TO AUDITOR GENERAL. (The sum of eight thousand dollars, or so much thereof which may be necessary, is hereby specially appropriated to the Prison Labor Commission, for the two fiscal years beginning January first, one thousand nine hundred and sixteen, for the purpose of paying salaries of clerk hire, traveling expenses, and contingent expenses.) The receipts from the sales of manufactured articles, sold as aforesaid to the Commonwealth or any county thereof, or any public 90 institution owned and managed and controlled by the Commonweal tli, shall not be turned into the State Treasury, but shall be credited to the manufacturing fund, created by section five, and used for the purchase of further material, equipment, machinery, and supplies; and the commission shall make a full monthly report of the products, sales, receipts, and disbursements of such industries to the Auditor General of Ihe Commonwealth. Sec. 6, Act of June 1, 1915, P. L. 656. 191. ACCOUNTS OF EARNINGS OF PRISONERS. Hereafter an account shall be kept by the proper officers of (the Western Peni- tentiary, the Eastern Penitentiary, and) the Pennsylvania Industrial Reformatory at Huntingdon, and the other correctional institutions hereafter established by the Commonwealth, of the labor -performed by all prisoners under sentence in such institution. In such account the prisoner shall be credited with wages for the time he is actually engaged in work; the rate of such wage, and the amount credited to each, to be regulated at the discretion of the Prison Labor Commis- sion, or such persons as they may designate. In no case shall the amount be less than ten cents, nor over fifty cents, for each day of labor actually performed. The difference in the rate of compensation shall be based both upon the pecuniary value of the work performed and also on the willingness, industry, and good conduct of such prisoner. Sec. 7, Act of June 1, 1915, P. h. 656. 192. MONEYS EARNED BY PRISONERS MAY BE PAID TO DEPENDENTS. Three-fourths of the amount credited to each prisoner, or the entire amount if the prisoner so wishes, shall con- stitute a fund for the relief of any person or persons dependent upon such prisoner, and shall be paid upon the order of the Prison Labor Commission to the person or persons establishing such dependency to the satisfaction of said board, at such time and times as said board may oTrder. . Sec. 8, Act of June 1, 1915, P. L. 656. 193. EARNINGS OP PRISONERS HOW PAID. In case a prisoner has no person or persons dependent upon him, the sums so credited shall be deposited for the benefit of such prisoner, under the rules and regulations of the Prison Labor Commission ; and the sum so credited shall be paid to the said prisoner, — one-third on discharge of prisoner, one-third in three months after his discharge, and the bal- ance in six months after his discharge. Sec. 9, Act of June 1, 1915, P. L. 656. 194. WAGES PAID TO BE CHARGED TO MANUFACTURING FUND. All wages paid under the provisions of this act shall be 91 charged to the manufacturing fun^l provided for in section five of this act. Sec. 10, Act of June 1, 1915,-P. L. 656. 195. OFFICES OF GOMMISSION. SUPPLIES. The Board of/ Commissioners of Public Grounds and Buildings shall provide ade- quate offices and quarters for the commission, in the State Capitol or elsewhere, and shall, on requisition of the commission, furnish all such books, -stationery, furniture, supplies, et cetera, as may be needed to conduct properly the affairs of the commission. Sec. 11, Act of June 1, 1915, P. L. 656. 196. REQUISITIONS FOR PRINTING AND BINDING. The printing and binding necessary for the proper performance of the duties of the commission, and for the proper preservation of the records of the commission, shall be done by the State Printer, upon order of the Superintendent of Public Printing and Binding, upon requisition of the commission. Sec. 12, Act of June 1, 1915, P. t>. 656. IX. PLACING OUT AND INDENTURING OF CHILDREN. RETURN OF CHILDREN. FOR PROVISIONS AS TO PLACING OUT AND INDENTURING CHILDREN BY PARTICULAR INSTITUTIONS, SEE THE FOL- LOWING SECTIONS: Sections. Pennsylvania Training School at Morganza,.^ 87,93,94 Glen Mills Schools, 115,119,125,128 House of Correction, Employment and Reformation of Philadel- phia, 152 197. PLACING OUT PAUPER CHILDREN OVER TWO YEARS OF AGE, BY POOR AUTHORITIES. VISITATION BY POOR AU- THORITIES. It shall be the duty of said overseers or other persons having charge of tlie poor, to place all pauper children who are in their charge, and who are over two years of age, (with the exception named in the first section of this act,) in some respectable family in this State, or in some educational institution or home for children; and one of the snid officers shall visit such children in person or by agent, not less than once every six months, and make all needful in- quiries as to their treatment and welfare, and shall report thereon 92 1.0 the board of overseers or other officers charged with the care of such children. Sec. 2, Act of June 13, 1883, P. L. 111. 198. DEPENDENT CHILDREN PliACED IN CARE OF ASSO- CIATIONS AND INDIVIDUALS TO BECOME WARDS. PLAC- ING OUT AND INDENTURING OF DEPENDENT CHILDREN. Ill any case where the court shall award a dependent child to the care of any association or individual, in accordance with the pro- visions of this act, the child shall, unless otherwise ordered, become a ward, and be subject to the guardianship of the association or individual to whose care it is committed. Such association or indi- vidual shall have authority to place such child in a family home, with or without indenture, and may be made party to any proceedings for the legal adoption of the child, and may, by its or his attorney or agent, appear in any court where such proceedings are pending and assent to such adoption. And such assent shall be suflflcient to authorize the court to enter the proper order or decree of adoption. Such guardianship shall not include the guardianship of any estate of the chnd." Sec. 5, Act of April 23, 1903, P. L. 274. For the definition of "dependent child" as used in this section see sec- tion 1, Act of ApriL 23, 1903, P. L. 274, supra section 198. 199. INDENTURING OF CHILDREN BY CERTAIN SOCIE- TIES AND INSTITUTIONS. PROCEDURE. Whenever any benev- olent or charitable institution, asylum or corporation, whether created by general or special laws of this Commonwealth, shall hereafter maintain and care for any minor child for a period of one year or over at the expense, either in whole or in part, of such institution, asylum or corporation, then the courts of common pleas of the proper county, or where the rights of a guardian are or may be affected thereby, the orphans' court of said county, are hereby authorized and empowered, in all proper cases, upon petition to them made by the board of managers or proper officers of such institution, asylum or corporation, and upon due notice to the parents, guardian or next friend of said minor, said notice to be personally served if practic- able, otherwise such notice to be given by advertisement in such news- paper or newspapers and for such length of time, as said court may direct, to make and enter an order or decree granting unto such petitioners the right and power to indenture said minor, for and during its minority, to any suitable person or persons; and said indenture thus made shall vest in the person to whom said minor is so indentured the sole and absolute right to the care, control and custody and services of said minor, during its said minority, as against such parent, guardian or next friend so notified of said petition, as 93 aforesaid: Provided, however, That nothing herein contained shall be so construed as to interfere in any manner with or prejudice the rights over said minor, reserved in such indenture by and to said in-' stitution, asylum or corpora.tion. Sec. 1, Act of April 13, 1899, P. L. 46, No. 46. 200. IN PLACING CHILDREN, RELIGION OF PARENTS TO BE TAKEN INTO CONSIDERATION. It shall be the duty of (the duty of) the society to whom a commitment shall be made in accord- ance with the provisions of the first section of this act, when the minors so committed to it are placed in respectable families subject to the visitation and supervision of such person as may from time to time be appointed for such purpose by the judges of the court of com- mon pleas of the county in which such commitment shall be made, to select, so far as it may be possible, families of the same religious denomination as that to which the parents of children committed to its care shall belong Sec. 5, Act of June 8, 1893, P. L. 399. The Societies herein referred to are incorporated societies having for one of its objects the protection of children from cruelty, or the placing of children not otherwise provided for in families, to whom, under sec- tions 1 and 2 of this act, supra sections 167 and 168, commitments of certain minors may be made. 201. RETURN OF DELINQUENTS TO HOUSES OF REFUGE AND REFORM SCHOOLS. Whereas, The managers of houses of refuge and reform schools, should exercise the authority vested in them for the supervision and best welfare of their wards during their minority, after they have been placed out as apprentices or returned to their friends; therefore. It shall be lawful for the managers of the houses of refuge and reform schools in the Commonwealth of Pennsylvania, when they have placed out their wards as apprentices, or given them up to their friends, to cause them to be returned to their custody, whenever it shall appear on complaint before a judge of the court of quarter ses- sions having jurisdiction, that the agreements made in their behalf have been violated, or they have been neglected or improperly treated by those who have been intrusted with them during their minority, and the said wards may be reclaimed by the said managers. Sec. 1, Act of June i, 1879, P. L. 84, No. 93. 84 VISITORS AND VISITATION OF INSTITUTIONS IN WHICH DELINQUENT, DEPENDENT AND NEGLECTED CHILDREN ARE COMMITTED. REPORTS. FOR OTHER PROVISIONS RELATING TO VISITORS AND VISITATION OF PARTICULAR INSTITUTIONS SEE THE FOL- LOWING SECTION: Section. Glen Mills Schools, 126 202. COURT OP COMMON PLEAS TO APPOINT BOARD OF VISITORS OF INSTITUTIONS, ETC., HAVING CARE AND CUS- TODY OF DEPENDENT, NEGLECTED AND DELINQUENT CHILDREN. VISITS. REPORTS TO COURT AND BOARD OF ~ PUBLIC CHARITIES. EXPENSES OF BOARD. That it shall be the duty of the court of common pleas in each county within this Com- monwealth to appoint a board, consisting of six or more reputable citizens, who shall serve without compensation, to constitute a Board of Visitors, whose duty it shall be to visit, at least once a year, all institutions, societies, and associations, within the county, into whose care and custody dependent, neglected, or delinquent children shall be committed under the provisions of the laws of this Commonwealth ; and all charitable, reformatory, or penal institutions, and all insti- tutions, within the county, which receive their inmates from more than one county, and are supported or managed, in whole or in part, by the Commonwealth, or any of the ofQcers thereof; and all institutions, within the county, which are wholly supported and managed by any city, county, borough, or poor district of the Commonwealth. Such visits shall be made monthly by not less than two of the members of the board, who shall report to the board The said Board of Visitors shall make reports to the court, from time to time, on matters per- taining to the welfare of the institutions, particularly the treatment received by the inmates. A copy of such report shall be submitted by the board to the persons in charge of such institutions, societies, and associations. The board shall make an annual report to the Board of Public Charities. The said Board of Visitors shall be en- titled to receive, from the counties in which they shall be appointed, such sum or sums of money for actual and necessary expenses as may be approved by the board of county commissioners in their respective counties. Sec. 1, Act of June 6, 191.3, P. T^- 4.52, amending Sec. 1, Act of February 26, 1903, P. L. 8. 95 The Board of Visitation has power to visit only those charitable, re- formatory or penal institutions to which children or adults or both are committed by some legal authority under the provisions of some law of this Commonwealth, and not those institutions in which children are placed by parents, guardians or friends without legal commitment. Such visits should be made monthly by at least two members of the board: Opinion of Attorney General, Decemher 2, 1913, Board of Visitation, 22 Dist, Rep. SIS. 203. NOMINATION OF VISITORS. DISCRETION OF COURT IN CHOICE OP VISITORS That the court of common pleas in each county within this Commonwealth may receive nominations of persons for appointment on the said boards of visitation, submitted to the court by any corporation organized under the laws of this Commonwealth for the study and improvement of the conditions of charitable, reformatory, or penal institutions, and such nominations shall in no way interfere with the exercise of free discretion by the court in making such appointments. Sec. 2, Act of June 6, 1913, P. L. 452. The nominations herein referred to are to the Boards of Visitors ap- pointed under the section immediately preceding. 204. APPOINTMENT AND DUTY OF VISITORS. It shall be the duty of the judges of the several courts of common pleas within this Commonwealth to appoint visitors to visit the children committed in accordance with the provisions of this act by any magistrate, justice of the peace or judge in their respective counties, the said visits to be made at intervals not longer than once every six months, and the said visitors shall report upon the character of the home in which said child shall be placed, and the expense of said visitation shall be fixed by the court and borne by the counties aforesaid. Sec. 6, Act of June 8, 1893, P. L. 399. These visitors are appointed for the purpose of visiting delinquents committed to the care of societies having for their objects the protec- tion of children from cruelty or the placing out of children. See section 1, Act of June 8, 1893, P. L. 399, supra section 167. 205. OFFICIAL VISITORS OF HOMES FOR FRIENDLESS. EXAMINATION AND INSPECTION BY GRAND JURIES. The judges of the court of common pleas of the several counties of this commonwealth are hereby constituted and appointed ex-ofi&cio visitors of any such school or institution; and the grand jury of the court of quarter sessions of the county in which any such school or institution is located, shall, as often as directed by the said court, visit, examine and inspect the needs and management of any such school or institu- tion, and the condition of the children therein, as directed by the said court, and report the same to the said court. -Sec. 5, Act of AprU 12, 1875, P. L. 46, No. 51. 96 The school or institution herein referred to is one receiving county ap- propriations, commonly known as a home for friendless, and to which friendless, destitute or vagrant children are sent upon recommendation of school director or by poor authorities. See sections 1, 2, 3 and 4 of this act, supra sections 160 to 163. 206. INSTITUTIONS, ETC., HAVING CARE OF DELIN- QUENT, NEGLECTED AND DEPENDENT CHILDREN, SUB- JECT TO VISITATION. INFORMATION TO COURTS. ANNUAL REPORTS TO BOARD OF CHARITIES. SECRETARY OF BOARD OF PUBLIC CHARITIES TO FURNISH LIST OF INSTI- TUTIONS TO COURTS WHEN CHILDREN NOT TO BE COM- MITTED" TO INSTITUTIONS. The institutions, associations, and societies, into whose care the custody of delinquent, neglected or dependent children may be committed by order of the courts of this Commonwealth, shall be subject to the same visitation, inspections, and supervision of the Board of Public Charities as the public chari- table institutions of this State; and the courts of common pleas of this Commonwealth may require such information and statistics from such institutions, associations or societies as said judges deem neces- sary in order to enable them to exercise a wise discretion in dealing with children. Every such institution, association or society shall file with the Board of Public Charities an annual written or printed report, which shall contain a statement of the number of children cared for during the year, the number received, the number placed in homes, the number died, the number returned to friends; also, a financial statement, showing the receipts and disbursements of such institutions, associations or societies. The statement of receipts shall indicate the amount received from public funds, the amount received from donations, and the amount received from other sources, specify- ing the several sources. The statement of disbursements shall show the amount expended for salaries and other expenses, specifying the same; the amount expended for lands, buildings and investments. The secretary of the Board of Public Charities shall furnish to each of the said courts of common pleas a list of such institutions, associations, and societies filing such annual reports, and no child shall be com- mitted to the care of any such institution, association or society which shall not have filed a report, for the fiscal year last preceding, with the Board of Public Charities. Sec. 1, Act of March 5, 1903, P. L. 11. 207 GENERAL AGENT AND SECRETARY OF THE BOARD OP PUBLIC CHARITIES TO VISIT CERTAIN INSTITUTIONS. REPORTS. The General Agent and SecT-etary of the Board of Public Charities shall hold his office for three years, unless sooner removed ; he shall be a member of tbe board ex-offlcio; and it shall be his duty to cause a correct record of its proceedings to be kept, oversee and 97 conduct its out-door business, visit all (charitable, penal,) reforma- tory, and correctional institutions in the State at least once in each year, except as hereinafter provided, and as much oftener as the board may direct; he shall prepare a series, of interrogatories, with the necessary accompanying blanks, to the several institutions of charity, reform, and correction in the State, and to those having charge of the poor in the several counties thereof, or any subdivision of the same, with a view to illustrate in his annual report the causes and best treatment of pauperism and crime, and shall have free access to all reports and returns now required by law to be made ; and he may also propose, for the approval of the board, such general investigations as he may think best. He shall be paid annually the sum of five -thousand dollars (|5,000), and his additional traveling expenses. Sec. 1, Act of May 1, 1913, P. L. 149, amending Sec. 4, Act of April 24 1869, P. L. 90. 208. COMMISSIONERS OF BOARD OF PUBLIC CHARITIES TO HAVE POWER TO EXAMINE INTO CONDITIONS, ETC., OF CERTAIN INSTITUTIONS, AND TO HAVE ACCESS TO GROUNDS, ETC. PENALTY ON OFFICERS AND PERSONS NEGLECTING OR REFUSING TO GIVE INFORMATION, ETC The said commissioners shall have full power, either by themselves or the general agents, at all times to look into and examine the con- dition of all charitable, reformatory, or correctional institutions within the State, financially and otherwise; to inquire and examine into their methods of instruction, the government and management of their inmates, the oflflcial conduct of trustees, directors, and other officers and employes of the same the condition of the buildings, grounds, arid other property connected therewith, and into all other matters pertaining to their usefulness and good management; and for these purposes they shall have free access to the grounds, build- ings, and all books and papers relating to said institutions; and aU persons now or hereafter connected with the same are hereby directed and required to give such information, and afford such facilities for inspection, as the said commissioners may require; and any neglect or refusal on the part of any officer or person connected with such institution to comply with any of the requirements of this act shall subject the offender to a penalty of one hundred dollars (|100.00), to be sued for and collected by the general agent in the name of the board. The commissioners shall also have power to employ such experts, clerks, stenographers, and other employes of all kinds as the business of the Board of Public Charities and that of the Com- mittee on Lunacy may require. Part of Sec. 2, Act of May 1, 1913, P. L. 149, amending Sec. 5, Act of April 24, 1869, P. L. 90. The commissioners herein referred to are the commissioners of the Board of Public Charities. 98 209. VISITATION BY BOAED OF PUBLIC CHARITIES. The said commissioners, by themselves or their general agent, are hereby authorized and required, at least once in each year, to visit all the charitable and correctional institutions of the State receiving state aid, and ascertain whether the moneys appropriated for their aid are or have been economically and judiciously expended; whether the objects of the several institutions are accomplished ; whether the laws in relation to them are fully complied with ; whether all parts of the State are equally benefitted by them, and the various other matters referred to in the fifth section of this act ; and in their annual report to the legislature, to embody the result of their investigations, together with such other information and recommendations as they may deem proper. Sec. 6, Act of AprU 24, 1869, P. L. 90. The "Commissioners" herein referred to are the Commissioners of the Board of Public Charities. 210. BOARD OF PUBLIC CHARITIES TO DESIGISIATE COUNTY VISITORS. PENALTY UPON OFFICERS OF INSTL TUTIONS. The said board shall have power, by a resolution, to be entered on its minutes, subject to such terms and regulations as it may prescribe, to designate three or more persons in any county to act, without compensation, as visitors in said county of the several poor-houses and other institutions therein, subject to the visitation of the board, in aid of and as representatives of such board ; and all public officers and others in charge of such institutions shall admit to said institutions all such persons so designated upon the production of a copy of such resolution, certified by the president or secretary of said board, to visit, examine and inspect the grounds and buildings of every such institution and every part thereof, and all its hospital and other arrangements, and to have free access to all its inmates. Any public officer, superintendent or person in charge of any such insti- tution, who shall refuse to admit any person so designated, or -shall refuse to give said visitors all requisite facilities for the examination and inspection herein provided for, shall be subject to a penalty of two hundred and fifty dollars for each such refusal, which penalty may be sued and recovered in the name of the people of the State, by the district attorney of the county in which such institution is situated, and the sum so recovered shall be paid into the treasury of the State. Sec. 1, Act of May 7, 1874, P. L. 119. The Board herein referred to is the Board of Public Charities. 211. WHEN OFFICIAL VISITORS MAY ENTER PENAL AND REFORMATORY INSTITUTIONS. Any person designated by law to be official visitor of any (jail, penitentiary, or other) penal or »i9 reformatory institution, in this Couimouwealtli, maintained at the public expense, is hereby authorized and empowered to enter and visit any such (jail, penitentiary, or other) penal or reformatory institu- tion, on any and every day, including Sundays, between the hours of. nine o'clock, ante meridian, and five o'clock, post meridian ; and not before nine o'clock, ante meridian, or five o'clock, post meridian, except with the special permission of the warden, manager, overseer, or superintendent in charge of any such (jail, penitentiary, or other) penal or reformatory institution. Sec'. 1, Act of May 14, 1909, P. L. 838. 212. INTERVIEWS WITH INMATES OF PENAL AND EE- FORMATOEY INSTITUTIONS BY OFFICIAL VISITOES. Upon any such visit of any oflicial visitor to any such (jail, penitentiary, or other) penal or reformatory institution, such visitor shall have the right to interview privately any prisoner or inmate confined in any such (jail, penitentiary, or other) penal or reformatory institution, and for that purpose to enter the cell, room, or apartment wherein any such prisoner or inmate shall be confined: Provided, however. That if any warden, manager, overseer, superintendent, or person in charge of such institution at the time of such visk, shall be of the opinion that such entry by the official visitor into the cell, room, or apartment of such prisoner or inmate would be dangerous to the discipline of the institution, then and in that case the said warden, superintendent, overseer, manager, or person in charge, conduct any prisoner or in- mate, with whom such official visitor may desire a private interview, into such other cell, room, or apartment within the institution as he may designate, and there permit the private interview between the official visitor and such prisoner or inmate to take place: Provided further, however. That no official visitor shall have the right or power of privately interviewing any such prisoner or inmate except prisoners or inmates of the same sex as such official visitor. Sec. -2, Act of May 14, 1909, P. L. 838. 213. OFFICIAL VISITOES PROHIBITED FEOM GIVING CEETAIN CHATTELS AND OBJECTS TO INMATES OF PENAL AND REFORMATORY INSTITUTIONS. All powers, functions, and privileges heretofore belonging to official visitors of (jails, peniten- tiaries, and) penal or reformatory institutions, under the common statute laws, are hereby confirmed : Provided, however. That no such official visitor shall have the right or power to give or deliver to any prisoner or inmate of any such (jail, penitentiary, or) penal or re- formatory institution, during such visit, any chattel or object whatso- ever, except objects and articles of religious or moral instruction or use. Sec. 3, Act of May 14, 1909, P. L. 838. 100 214. PENALTY. REMOVAL AS OFFICIAL VISITOR. If auy such official visitor shall violate any of tlie prohibitions herein con- tained, any warden, manager, overseer, or superintendent of any such (jail, penitentiary,) penal or reformatory institution, may apply to any court of common pleas in the county wherein such institution may be situated, for a rule upon such visitor to show cause why he or she should not be deprived of his or her office ; and upon proof to the satisfaction of said court being made, such court shall enter a decree against such official visitor, depriving him or her of all rights, privileges, and functions of official visitor. See. 4, Aet of May 14, 1909, P. L. 838. XI MISCELLANEOUS PROVISIONS RELATING TO INSTITUTIONS. 215. HOUSES OF REFUGE AND REFORM SCHOOLS CHANG- ING NAMES TO HAVE BENEFIT OF CERTAIN LAWS. When- ever any house of refuge or reform school, now incorporated and existing within this Commonwealth, shall have duly changed its name in accordance with the laws of the Commonwealth, all laws applicable to such house of refuge or reform school, within this Commonwealth, shall be equally applicable to such institution, by whatever name it shall thereafter be known. Sec. 1, Act of March 18, 1909, P. L. 44. 216. REASONS FOR REMOVAL QF HOUSES OP REFUGE AND INSTITUTIONS OP REFORMATION. WHEREAS, Experi- ^ ence has demonstrated that houses of refuge and institutions for the reformation of juvenile delinquents can be more successfully conducted on farms in the country, where the family life and home influence can more nearly be secured and agricultural and other industrial occupa- tions more easily secured ; And whereas. The managers of such institutions located in cities may desire to remove them, or some department of them, to the country, where these advantages can be obtained. Preamble to Act of May 13, 1889, P. L. 209. 217. REMOVAL OF HOUSES OF REFUGE AND REFORMA- TORIES. OFFICE FOR SERVICE OF PROCESS. Wherever, by virtue of its charter, any house of refuge or institution for the reforma- tion of juvenile delinquents is now, or may hereafter be, located in a city, it shall and may be lawful for the managers thereof, whenever in their discretion it may be desirable, to purchase real estate and 101 locate such institution, or any depailmeuL tliereof, in a rural district in the same or in any county otter than that in which it has thereto- fore been located: Trovided, That, if removing to another county, the managers shall iile in the office of the clerk of the court of quarter sessions of the county in which the institution has theretofore been located, a certified copy, under the seal of the corporation, of a resolution appointing some place within said county as its office, where writs of habeas corpus or other legal process issuing out of the courts of said county and directed to said managers may be served, which process it is heieby made incumbent upon said managers to obey with the same force and effect, as though issuing out of the courts of the county in which said institution or department thereof shall be located. , Sec. 1, Act of May 13, 1889, P. L. 209. 218. EXTENSION OP LAWS TO INSTITUTIONS KEMOVED. All laws or part of laws relating to. the commitment of children to the class of institutions named in the first section of this act, shall apply with equal force and effect to any such institution, or any de- partment thereof, when removed in pursuance of said section to some locality outside of the limits of the county in which said institution was originally located. Sec. 2, Act of May 13, 1889, P. L. 209. 219. REVIEW OF INMATES OP INSTITUTIONS EEMOVED. POWER OF JUDGES TO REMAND OR DISCHARGE. Whenever, by existing law, it has been provided that commitments to any house of refuge or institution for the reformation of juvenile delinquents, made by an alderman, justice of the peace or magistrate of a county, shall at stated times be reviewed by the judge or judges of the court of common pleas of the said county, it shall be incumbent upon the managers of such institutions, which shall be lemoved either wholly or in part from said county, in pursuance of section one of this act, at such stated times to present the children so committed to such in- stitution or department thereof outside of said county, together with their commitments, before the judges of the said county, at the place designated by the said managers as its office for the service of process, and the judges of the said county are hereby authorized and empowered to remand or discharge any child so committed, with the same force and effect as though such institution, or department there- of, were still located within said county. See. 3, Act of May 13, 1889, P. h. 209. 220. VISITATION OP INSTITUTION REMOVED, BY JUDGES. POWER OF JUDGES TO ORDER DISCHARGES. It shall be the duty of the judge, or one of the judges alternately in such manner as in2 luay be arranged between tliem, of the court of commou pleas of tlie county to which such institution, or department thereof, may be removed, to visit such institution once in each month, or oftener if in his or their discretion it may be necessary, and if in the judgment of such visiting judge there is any child illegally detained therein he shall forthwith order bis or their discharge, or appoint a time and place for further investigation and act in the premises as in his dis- cretion he may deem proper. Sec. i, Act of May 13, 1889, P. L. 209. 221. LAWS MADE APPLICABLE TO INSTITUTIONS RE- MOVED. All charters, laws or parts of laws, relating to houses of refuge and institutions for the reformation of juvenile delinquents, not inconsistent herewith, shall be equally applicable to them or any department of them, whether located in the county originally desig- nated by their charter or removed to another county in pursuance of section one of this act. See-. 5, Act of May 13, 1889, P. L. 209. 222. APPROPRIATIONS TO SOCIETIES BY CITIES OF THE FIRST AND SECOND CLASSES. Authority is hereby given to every city of the first and second classes, in the discretion of the councils thereof, to make appropriations from the treasury thereof to any society having for one of its objects the protection of children from cruelty or the placing of children not otherwise provided for in families, to which society children of the citizens of said city may by law be committed by the magistrate or judges of the county within which said city may be situated, and all laws and parts of laws in- consistent herewith are hereby repealed. Sec. 7, Act of June 8, 1893, P. L. 399. The following approval is attached to this act. Approved — The 8th of June, A. D. 1893. The general purpose of this bill as embodied in its first six sections meets with my hearty approval. The seventh section is not covered by the title to the bill arid is not cognate to its general purposes. I am of the opinion that so much of it is therefore unconstitutional, and will be so held by the courts when sub- mitted to the test; inasmuch, however, as it has been well settled by a line of judicial decisions that the invalid portions of a statute may be declared inoperative without affecting the remainder of the law. I have given this act my approval with this timely notice that its seventh and concluding section is in my judgment inaffeetive . The commitments herein referred to are those made under sections 1 and 2 of this act, see infra sections 167 and 168. 223. APPROPRIATIONS BY CITIES OP THE FIRST CLASS TO HOUSES OF REFUGE AND REFORMATORIES. Every city of the first class be and it is hereby authorized, in the discretion of 103 the councils thereof, to make appropriations, from the treasury of said city, to houses of refuge and institutions for the reformation of juvenile delinquents, to which children of the citizens of said city may, by law, be committed, by the courts, judges or magistrates of the county, within which such city may be situate, (and all laws or parts of laws inconsistent herewith are hereby repealed). Sec. 1, Act of May 25, 1887, P. L, 265, No. 149. XII MISCELLANEOUS PENAL PROVISIONS. 224. MINORS REPRESENTING THEMSELVES TO BE OF AGE IN ORDER TO OBTAIN LIQUOR GUILTY OF MISDEMEAN- OR. PENALTY. Any person, under the age of twenty-one years, who shall knowingly and falsely represent himself to be twenty-one years of age to any licensed inn-keeper, restaurant keeper, or other person, for the purpose of procuring or having furnished to him, by sale, gift, or otherwise, any intoxicating liquors, shall be guilty of a mis- demeanor; and upon conviction thereof in any court of quarter ses- sions shall be sentenced to pay a fine of not more than fifty dollars, or undergo an imprisonment in the county jail for a period not ex- ceeding sixty days. Sec. 1, Act of May 20, 1913, P. L, 246, amending Sec. 1, Act of May 10, 1881, P. L. 12. 225. MINORS IN POSSESSION OF CIGARET OR CIGARET PAPER REFUSING TO DISCLOSE FROM WHOM OBTAINED GUILTY OF MISDEMEANOR. PENALTY. MINORS UNDER SIXTEEN. Any minor, being in possession of a cigaret or of cigaret paper, and being by any police officer, constable, juvenile court offlcer, truant officer, or teacher in any school, asked where and from whom such cigaret or cigaret paper was obtained, who shall refuse to furnish such information, shall be guilty of a misdemeanor; and upon conviction thereof, before any alderman, magistrate, or justice of the peace, such minor, being of the age of sixteen years or upwards, shall be sentenced to pay a fine not exceeding five dollars, or to undergo an imprisonment in the jail of the proper county not exceeding five days, or both. If such minor shall be under the age of sixteen years, he or she shall be certified by such alderman, magistrate, or justice to the juvenile court of the county, for such action as to said court shall seem proper. Sec. 2, Act of May 9, 1913, P. L. 198. 226. PERSONS CONTRIBUTING TO DELINQUENCY OF MINORS GUILTY OF A MISDEMEANOR. All persons who con- 104 tribute to the delinquency of any minor to whom the jurisdiction of any juvenile court within this Commonwealth has attached, or shall hereafter attach, or who knowingly assist or encourage such minor in violating his or her parole or any order of the said court, shall be guilty of a misdemeanor, and, upon conviction shall be sentenced to pay a fine of not more than five hundred dollars, or to undergo im- prisonment for a term not exceeding one year, or both, at the dis- cretion of the court. Sec. 1, Act of May 6, 1909, P. L. 434, supplementing Act of April 23, 1903, P. L. 274. 227. AGE OF DELINQUENT PRESUMED IN CERTAIN CASES. In trials or hearings upon charges of violating the provi- sions of this act, knowledge of the delinquent's minority, and of the said court's orders and decrees concerning such minor, shall be pre- sumed in the absence of satisfactory proof of the contrary, iSec. 2, Act of May 6, 1909, P. L. 434, supplementing Act of April 23, 1908, P. I;. 274. 228. PARENT OR PERSON CHARGED WITH CARE OF CHILD UNDER SIXTEEN ABANDONING OR WILFULLY OMIT- TING TO FURNISH FOOD, ETC., GUILTY OF MISDEMEANOR. PENALTY. DISPOSITION OF FINE. EVIDENCE A parent or other person charged with the care and custody, for nurture or educa- tion, of a child under the age of sixteen years, who abandons the child in destitute circumstances, and wilfully omits to furnish neces- sary and proper food, clothing, or shelter for such child, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by im- prisonment not exceeding two years, or both or either, at the discre- tion of the court In case a fine is imposed, the same may be applied, in the discretion of the court, to the support of such child. Proof of the abandonment of such child in destitute circumstances, and omis- sion to furnish necessary and proper food, clothing, or shelter, shall be prima facie evidence that such omission was wilful. Sec. 1, Act of May 29, 1907, P. L. 318. 229. PARENT OR PERSON CHARGED WITH CARE OF CHILD UNDER SIXTEEN PERMITTING SUCH CHILD TO RE- MAIN IN HOUSES OF PROSTITUTION, OR WHERE OPIUM IS SMOKED GUILTY OF MISDEMEANOR. PENALTY, A parent or other person charged with the care or custody, for nurture or educa- tion, of a child under the age of sixteen years, who suffers or permits any such child to be or remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof is smoked, shall be guilty of a misdemeanor, and, on conviction there- 105 of, shall be puij,islied by a fine uot exceeding one thousand dollars, or by iinprisoiinient not exceeding two years, or both or either, at the discretion of the court. Sec. 2, Act of May .29, 1907, P. L. 318. 230. CERTAIN RULI^S OF EVIDENCE NOT TO APPLY. Any provision of law prohibiting the, disclosure of confidential communica- tions between husband and wife shall not apply to prosecution for the offenses herein defined. ' Sec. 3, Act of May 29, 1907, P. L. 318. K)(l CHRONOLOGICAL TABLE OF STATUTES IN TEXT. 1^, March 23, P, L, 133, Sec. 6, llS 1827, March 2, P. L. 76, Sec. i, , 119 1^, April 10, P. L. 133, Sec. 1, ; t.'........*.;.; 117 Sec. 2, ; 118 ,- Sec. 3 '. 126 jifeO, April 11, P. L. 448, Sec. 7, 116 ISi50, April 22, I». li. 538, See. 15, 87 I- Sec. 16, 88 , Sec. 19, 90 1850, April 25, P. L. 569, Sec. 6, 127 1$54, January 26, P. L. 12, Sec. 1, 120 '^'. ' " " Sec. 2, .........; 121 See. 3, 122 1855, January 31, P. L. 6, Sec. 1, 92 Sec. 2, 93 i857, Apfii 16, P. L. 219> Sec. 1, ., 91 1857, May 12, P. L. 454, Sec. 1, ,...,;..'....... ! 94, 125 1858, AprU 22, P. L. 452, Sec. 1, .'..'. 128 18ffi, April 8, P. L. 318, Sec. 1, ; , 95 1862, April 11, P. L. 425, Sec. 1, ......'...!..,........... '89 1967, January 10, P. L. 1371, Sec. 1, 123 ,;," Sec. 2, 124 1868, April 11, P. L. 847, Sec. 1, , 96 1869, April 24, P. L. 90, Sec. 4, (Amended) Sec. 5, (Amended) Sec. 6, .' 209 kp, Ju-jc 2, V. L,.1301, Sec. 2, -. 151 Sec. 3, 152 Sec. 4, , , 153 Sec. 5, ::.... 154 Sec. 6, , 155 Sec. 7, 157 Sec. 8, , 158 Sec. 9, ,.... 159 ^. , Sec' 13, .!.....'.... 156 J874, May . 7, P. L. 119, See. 1, 210 1875, April 12, P. L. 46, Sec. 1, ,.... 160 Sec. 2, : 161 See. 3, , 162 Sec. 4, 163 Sec. 5, ,..,, .205 Sec. 6, ...- 164 1.8'79, June 4, P. L. 84, See. 1, , 201 18>9, June 11, P. L. 140, Sec. 1, , ,176 i§79, June 11, P. L. 142, See. 7, '.. ' 41 '^' Sec. 9, 42 Sec. 12. ,.•■•.. 43 107 1883, June 13, P. L. HI, 1883, June 13, P. L. 112, 1887. AprU 28, P. L. 63, 1889, May 13, P. L. 209, 1881, May 10, P. L. 12, Sec. 1. (Amended) 1881, June 8, P. L. -63,860. 8, See. 9, Sec. 1, Sec. 2, Sec. 3, Sec. 1, See. 2, , Sec. 3, Sec. i, See. 5 Sec. 6, Sec. 7, Sec. 8, Sec. 9, ...'. Sec. 10, Sec. 11, Sec. 12, Sec. 13, Sec. 14, Sec. 15, Sec. 16, Sec. 17, 1887, May 25, P. L. 265, Sec. 1, 1889, May 13, P. L. 192, Sec. 1, Sec. 2, (Preamble), Sec. 1, Sec. 2 Sec. 3, '. Sec. 4, '. Sec. 5, Sec. 1, Sec. 2, Sec. 3, Sec. 4, 1893, June 6, P. L. 326, See. 1, See. 2, Sec. 3, Sec.4, Sec. 5, (Amended) 1893, June 8, P. L. 380, Sec. 1, Sec. 2, Sec. 3, Sec. 4, Sec. 5, Sec. 6 See. 7, 1893, June 12, P. L. 459, See. 1 Sec. 2, ;.!.... 1?95, June 24, P. L. 265, «ec. 1, 1897, May 12, P. h. 65, (Preamble) Sec. 1, Sec. 2, Sec. 3, ;,,,,.■ :■ 108 1891, May 20, P. L. 100, 69 70 171 107 150 181 182 183 65 6e 67 73 71 72 74 77 78 68 85 75 76 86 223 15 16 216 217 218 219 220 221 177 178 179 180 79 80 81 82 167 168 169 170 200 204 222 44 35 84 27 30 1897, June 18, P. L. 170, 1399. March 22. P. h. 15, 1899, AprU 13, P. L. «. 1899, AprU 28, P. L. 73, 1899, AprU 28, P. L. 122, 1901, May 11, P. L. 158, 1901. May 11, P. li. 187, 1901, JiUy 2. P. li. 601, 1903, February 26. P. li. 8, 1903. March 5, P. L. 11. 1903, March 26, P. L. 68. 1903, March 27, P. L. 83, 1903, AprU 3. P. L. 137, 1903, AprU 15, P. L. 208, 1903, AprU 23, P. L. 274, 1907, May 29, P. L. 318, 1907, May 31, P. I/. 331, 1907, June 7, P. L. 438. 1909, March 18, P. L. 44, 1909, March 24, P. L. 62, 1909, AprU 1, P. I/. 89, 1909, AprU 22, P. L. 113, 1909, April 22, P. li. 119, 1909, May 1, P. li. 302, Sec. 4, 31 Sec. 6. 32 Sec. 6, 33 Sec. 2, (Amended) Sec. 1, 40 Sec. 2, 64 Sec. 1, 199 Sec. 1, 83 Sec. 1, (Amended) Sec. 1, -. 61 Sec. 1 165 Sec. 2, 166 Sec. 1, ; 18 Sec. 2, 19 See. 3, 20 Sec. 4, 21 Sec. 5, 22 Sec. 6, 23 Sec. 7, 24 Sec. 8 25 Sec. 9, 26 Sec. 1, (Amended) Sec. 1, 206 Sec. 1, 34 Sec. 1 60 Sec. 1, (Amended) Sec. 1, 59 (Preamble) , 1 Sec. 1, 2 Sec. 2, 3 Sec. 3, (Amended) Sec. 4, (Amended) Sec. 5, 168 Sec. 6, (Amended) Sec. 7, 14 Sec. 8, (Amended) See. 9, 38 Sbc. 10, 39 Sec. U, 43 Sec. 1, 228 Sec. 2, 229 Sec. 3, 230 Sec. 1, 58 Sec. 1, r 50 Sec. 2, 51 Sec. 3, 55 Sec. 4,^ 52,56 Sec. .1, 215 Sec. 1 172 Sec. 1, 9 Sec. 1, 173 Sec. 1 45 Sec. 1, (Amended) Sec. 2 ISO 109 Sec. '.^ec. Sec. Sec. Sec. Sec. Sec. 1909, [ ^ May 6, P. L. 434, Sec. Sec. 1909, May ii. P. li. 838, Sec. Sec. Sec. Sec. 1911, March 15, P. L. 18, Sec. im. May 11, P. L. 262. Sec. Sec. 1911, May 11, P. L. 268, Sec. Sec. 1^11, May 11, P. L. 270, Sec. Sec. 1911, May 18, P. L. 309, Sec. : 1911, June 1, P. L. 543, Sec. 1911, June 7, P. L. 676. Sec. Sec. 1911, June 9, P. L. 836, Sec. 1911, June 15, P. L. 959, Sec. 1913, May 1, P. L. 149, Sec. Sec. 1913, May 8, P. L. 166, Sec. Sec. 1913, May 8, P. L. 177. Sec. 1913, May 9, P. L. 198, Sec. 1913, May 20, P. L. 246, Sec. 1913, May 20, P. L. 262, Sec. 1^3, May 20, P. L. 263, Sec. 1913, June 6, P. L. 452, Sec. Sec. 1913, July 12, P. L. 711. Sec. Sec. Sec. : Sec. : 1913, July 21, P. L. 870, See. 1913, July 25, P. L.1039, Sec. 1913, July 25, P. L.1311, Sec. : Sec. : See. : Sec. : Sec. : Sec. : Sec. : Sec. : Sec. : Sec. ; Sec. ; Sec. '. 3, , 131 4, (Amended) 5, . (Amended^ ,, -^ ,i.. -.^r... , ■..,.. 6, :. ;.!!.!j,.\r.!.^....^^.. \m. 7, (Amended) 8, .;:::;...: f^v-. r.-;:,.. ,^7- 9, ; I...... .., . ]i38 1, ;.. ...'„ ]m 2 ■ [W 1, 211 2, .......!...'.... 212 3, 213 i, ...'. '..... ...;.^..' 214 1, 135 2, 129 3; 133 1, 12 2, 13 1, '.._ 53 2, 54 1438, 3a 1, (Amended) ' . 1, .;...v.'....^;.'!.;j '. '62 2, '..'..: 63 1, ..; '. 4§ 1, ; 36 1, 207 2, ...: ;.:..r...... '268 1, 174 2, 175 1, 57 2, 225 1, 224 1, 136 1, 132 1, 202 2, 203 8 7 9, (Amended) 11, (Amended 13, 8 1 17 1, (Amended) 10, : 97 11 99 12, ..: 100 13, ipi 1*, 102, 15, 103 16, ,^ 104: 17, :. :: :u)5, 18, , 106: 19 107 20 109 2' 110 110 Sec. 22, Ill Sec. 23, 112 Sec. 24, 113 Sec. 25, 114 See. 27, 108 Sec. 28,- 98 1915, March 19, P. L. 5, Sec. 1, : i ^ Sec. 2 5 Sec. 3, 10 1915, May 5, P. L. 244, gee. 1, 139 Sec. 2, 140 See. 3, 141 Sec. 4, 142 Sec. 5, 143 Sec. 6, 144 Sec. 7, 145 Sec. 8, Its Sec. 9, 147 See. 10, 148 Sec. 11, 149 1915, May 13, P. L. 304, Sec. 1, 37 1915, June 1, P. L. 652, Sec. 1, 46 Sec. 2, 47 1915, June 1, P. L. 654, Sec". 1, 184 1915, June 1, P. L. 656, Sec. 1, 185 Sec. 2, 186 Sec. 3, 187 See. 4, : 188 Sec. 5, 180 Sec; 6, 190 Sec. 7, 191 Sec. 8, 192 Sec. 9, .' 193 Sec. 10, : 194 Sec. 11, 195 Sec. 12, .^ 196 1915, June 15, P. L. 988, See. 1, '. 11 1915, June 17, P. L. 1017, Sec. 1, 6 111 (112) Manufactured by GAYLORD BROS.rnc. Syracuse, N. Y. Stockton, Calif.